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Results: 1-10 of 313

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


Third Circuit Reinterprets Wyeth v. Levine for the Worse and Finds Preemption is a Jury Question
  • Dechert LLP
  • USA
  • March 28 2017

Last week the Third Circuit overturned the dismissal of thousands of cases in In re: Fosamax Products Liability Litigation, F.3d -, 2017 WL 1075047


PMA Preemption Revisited in Pennsylvania
  • Dechert LLP
  • USA
  • March 22 2017

Back in October we posted about the Eastern District of Pennsylvania decision McLaughlin v. Bayer Corp, 2016 U.S. Dist. LEXIS 37516 (EDPA Mar. 22


A Pair of Pain Pump PMA Preemption Cases
  • Dechert LLP
  • USA
  • March 8 2017

Within days of each other, courts in Ohio and California entered decisions finding all claims brought against Medtronic's pre-market approved ("PMA"


Washington State Creates Device Manufacturer Duty to Warn Hospitals
  • Dechert LLP
  • USA
  • February 22 2017

A hospital? What is it? It's a big building with patients, but that's not important right now. Airplane, 1980. It's also a big building filled with


Design and Failure to Warn Claims Survive TwIqbal Challenge in Kentucky
  • Dechert LLP
  • USA
  • February 21 2017

Kentucky -sure, it gets pretty sticky in the summer, and the bluegrass isn't really blue, and Wildcats fans - well, they're a breed of their own. But