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Two new PMA preemption cases
  • Dechert LLP
  • USA
  • December 6 2011

You all know we love preemption


What a difference an MDL transfer makes
  • Dechert LLP
  • USA
  • April 6 2012

Thanks to Jim Fraser at Venable for passing along a nice fraudulent misjoinder finding in the Fosamax MDL, Welsh v. Merck Sharpe & Dohme Corp., C.A. No. 11-3045, slip op. (D.N.J. April 3, 2012


A pro-defense decision good for the digestion
  • Dechert LLP
  • USA
  • April 11 2012

As an openly defense-oriented blog, most of our posts deal with cases in which plaintiffs could not make out their claims


Uninjured docs' suit tossed
  • Dechert LLP
  • USA
  • April 19 2012

Sometimes it all depends on the docs


The birdsong remains the same consumer fraud statutes & personal injury plaintiffs lousy together
  • Dechert LLP
  • USA
  • April 15 2011

We took a look at a case called Birdsong v. Eli Lilly & Co., 2011 WL 1259650 (W.D. Tenn. Mar. 31, 2011), the other day because we were interested in the grounds that the court used to dismiss the by now more-or-less-standard consumer fraud claim that so many plaintiffs indiscriminately throw into their complaints


GSK citizenship issue on appeal
  • Dechert LLP
  • USA
  • April 6 2012

We can’t say much of substance about this issue, as we represent GlaxoSmithKline in certain matters, but a remedy is in sight (we hope) for the peculiar situation that has developed with respect to GSK’s citizenship for purposes of diversity jurisdiction


Top ten best prescription drugmedical device decisions of 2011
  • Dechert LLP
  • USA
  • December 29 2011

There’s not much of 2011 left now, although we’d be overjoyed for one or more last-minute decisions to come down and warrant a change to the list that follows


Pain pump plaintiff’s promotion-based punitives precluded
  • Dechert LLP
  • USA
  • April 12 2012

It’s déjà vu all over again


Imported Chinese litigation returned to sender
  • Dechert LLP
  • USA
  • September 8 2011

We thank Eamon Joyce at Sidley for alerting us to an interesting forum non conveniens decision out of the Fourth Circuit: Tang v. Syntura International, Inc., No. 10-1487, slip op. (4th Cir. Sept. 6, 2011


Four more reasons to love Twiqbal
  • Dechert LLP
  • USA
  • August 25 2011

Bexis was away on vacation last week