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 291

Post-Recall Negligence Claims Preempted
  • Dechert LLP
  • USA
  • July 8 2016

We post a lot about preemption. We post a lot about PMA preemption. That’s because thanks to Riegel v. Medtronic, Inc., 552 U.S. 312 (2008) and


Another Rejection of Innovator Liability
  • Dechert LLP
  • USA
  • June 6 2016

It’s been a bit of a slow news week in the drug and device litigation world. We are coming off a short work week and like the rest of us, judges may


Complete PMA Preemption Win in Texas
  • Dechert LLP
  • USA
  • April 28 2016

We talk a lot about PMA preemption on this blog. And why shouldn't we. It's probably been the most consistent source of defense wins in the last five


Georgia MDL Court Muddles Utah Law
  • Dechert LLP
  • USA
  • April 21 2016

We aren't going to mince words today. We don't likeChristiansen v. Wright Medical Technology Inc., MDL 2329, 2016 U.S. Dist. LEXIS 46409 (N.D. Ga


Another Mediocre Decision on Ex Parte Contact with Treaters Has Us Thinking
  • Dechert LLP
  • USA
  • April 14 2016

It's only been one month since we posted about the disappointing decision in the Xarelto MDL regarding plaintiffs' ability to have unfettered ex


A Federal Pennsylvania Decision That We Like in Small Bites
  • Dechert LLP
  • USA
  • April 8 2016

Samples, samples, samples. We dare you to make it through your local supermarket or bulk supply store without finding at least one table set up


More Clear Evidence of Conflict Preemption
  • Dechert LLP
  • USA
  • March 22 2016

Today we laud an excellent prescription drug preemption ruling finding “clear evidence” that the FDA would not have permitted the warning of the sort


Parallel Claims - What Happens Post Surviving Preemption
  • Dechert LLP
  • USA
  • March 2 2016

Movie makers have been sharing their vision of post-apocalyptic worlds for decades now. They keep making them because we keep watching them. Arid


Personal Jurisdiction and Choice of Law
  • Dechert LLP
  • USA
  • February 23 2016

Today’s case is also about statute of limitations, but we thought adding that to the title would guarantee nobody read any further. None of these are


Florida Court Shoots Down Shotgun Pleading
  • Dechert LLP
  • USA
  • February 16 2016

The decision in Tsavaris v. Pfizer, Inc., 2016 U.S. Dist. LEXIS 11465 (S.D. Fla. Feb. 1, 2016) can be summed up neatly as the court telling plaintiff