We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 281

Fourth Circuit Flubs Admissibility of 510k Clearance
  • Dechert LLP
  • USA
  • February 11 2016

We’ve put it off long enough - time to deal with the awful decision in C.R. Bard v. Cisson, __ F.3d __, 2016 WL 158814 (4th Cir. Jan. 14, 2016). When


First Complete PMA Preemption Win of 2016
  • Dechert LLP
  • USA
  • February 2 2016

Today’s mainstream media may be all about another “first” that happened yesterday, but our attention is drawn to a state to the south and west of all


Twofer Tuesday (Sorta)
  • Dechert LLP
  • USA
  • January 26 2016

We do have two opinions to talk about, they’re just from the same case. They are the magistrate’s Report and Recommendation and the district court’s


Off-Label Promotion Not Dispositive in Qui Tam Action
  • Dechert LLP
  • USA
  • January 12 2016

Occasionally, a qui tam action grabs our attention. Usually because it would seek to penalize off-label use. Anything that shuts that down deserves a


No Pharmacy Duty, No Pharmacy Liability
  • Dechert LLP
  • USA
  • January 5 2016

As we noted yesterday, we aren’t much for New Year’s resolutions. But this blogger was recently invited to the home of friends who have a slightly


Odd Facts Lead to Unfortunate Split Preemption Decision
  • Dechert LLP
  • USA
  • December 29 2015

We are no strangers to odd facts leading to odd results. The law develops in response to situations. When new or different situations arise, courts


Plaintiff Seeking to Remake Sprint Fidelis Gets Shut Down
  • Dechert LLP
  • USA
  • December 15 2015

The remake is a Hollywood staple. From Annie to Planet of the Apes. From The Thomas Crown Affair to Willard (couldn’t come up with a “Z” remake) -


Befuddled Plaintiffs Get Second Chance
  • Dechert LLP
  • USA
  • December 8 2015

We are going to begin this post by breaking the third person rule for a minute because Plaintiffs (really their counsel) in today’s case remind me of


A funky preemption decision from California
  • Dechert LLP
  • USA
  • December 1 2015

Based on that title, we're guessing you don't know if we are talking about a defense win or a defense loss. "Funk" is a contronym - a word that has


Incretin preemption part II - California tosses failure to warn claims too
  • Dechert LLP
  • USA
  • November 19 2015

Last week we posted about the decision in In re Incretin-Based Therapies Products Liability Litigation (S.D. Cal.) dismissing plaintiffs’ failure to