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Eighth Circuit Affirms Refusal To Create A Contraceptive Exception To Nebraska’s Learned Intermediary Doctrine

USA - February 18 2021 Given the events of the last eleven months or so, we give ourselves and other legal commentators a preemptive pass for the following situation: you…

Pleading Preemption As A Defense In A Privacy Class Action

USA - February 5 2021 Critics have been known to accuse us of being too hard on product liability plaintiffs and too forgiving of defendants who develop medical products…

Design Claims Fail Under Consumer Expectations Test With An Adequate Warning

USA - January 15 2021 Plaintiffs tend to assert a bunch of different claims. For prescription medical device cases, setting aside preemption, our experience is that…

A New Year And An Old Issue: Warnings Claims Based On A Known Acceptable Risk Fail

USA - January 1 2021 In very general terms, posts on specific court opinions fall into three categories: 1) ones we think are correct, 2) ones we think are incorrect, and…

Foreseeing Risks With Off-Label Use

USA - December 18 2020 A long time ago in a law school relatively far away, we took torts as a first year law student. Many of the cases about which we learned (or were…