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Results: 1-10 of 318

Michigan Court Excludes Expert Testimony from Treater and Grants Summary Judgment
  • Dechert LLP
  • USA
  • July 20 2017

Usually when we are talking about Michigan, it's to praise the Michigan Products Liability Act which cuts off civil liability for drug manufacturers


Post-BMS Personal Jurisdiction is Pretty Straightforward
  • Dechert LLP
  • USA
  • July 18 2017

We commented last week that we were not surprised by the numerous post-BMSpersonal jurisdiction decisions we were seeing. Lots of courts and parties


“Just Because” Not Good Enough for TwIqbal
  • Dechert LLP
  • USA
  • July 6 2017

It's a fairly well known double standard. If you ask your child why he or she did that rotten, terrible, awful thing and he or she responds "just


North Carolina Rejects Stengel in Complete Preemption Win
  • Dechert LLP
  • USA
  • July 6 2017

Put a New Yorker and a Californian in a room together and the debate will begin almost immediately. Hollywood v. Broadway. Atlantic v. Pacific


Infliction of Emotional Distress Not a Viable Claim in Medical Device Case
  • Dechert LLP
  • USA
  • June 13 2017

We understand that illnesses and injuries can be emotional; sometime extremely emotional and rightfully so. We understand that some treatments can add


Similar Claims but Opposite Results
  • Dechert LLP
  • USA
  • May 23 2017

A federal judge in Texas recently ruled that Texas law does not allow a claim for negligence per se based solely on alleged violations of the FDCA or


Medical Doctors Aren’t Jacks-of-all-Trades
  • Dechert LLP
  • USA
  • May 9 2017

We've all had cases where plaintiffs try to use their prescribers and treaters as their experts on everything from failure to warn and causation to


New Jersey Federal Court Rejects Expansion of Negligent Undertaking Liability
  • Dechert LLP
  • USA
  • April 25 2017

When this blogger hears "negligent undertaking," my mind does not automatically turn to products liability - but rather to pre-teen children. Pre-teen


EDLA Rejects Preemption of Drug Design Defect Claim
  • Dechert LLP
  • USA
  • April 20 2017

Just yesterday we made the following observation: a design defect claim is often a make-weight claim. How should the design have been improved? Not


Philadelphia Court Tosses Off-Label Promotion Claims
  • Dechert LLP
  • USA
  • April 4 2017

Today we give you something rare from the Philadelphia Court of Common Pleas a defense win on preemption. The Philadelphia CCP has been the