Articles: 1-10 of 1445
New York Federal Court Dismisses Medical Device Design Defect, Manufacturing Defect, and Warning Claims
USA - May 31 2023 By the time of a Fourth Amended Complaint, a plaintiff is bound to get things right, right? Wrong. In Greenwood v. Arthrex, Inc. et al., 2023 WL…
District Court Hands VA Significant Touhy Loss
USA - May 30 2023 There are approximately 1.4 million people currently serving in the United States military and 16.5 million US military veterans—and we thank…
NPP, DCC, And FDA-Regulated Medical Products
USA - May 26 2023 Politics makes strange bedfellows. So does the law. Weird cases also make weird law. The Supreme Court decision in National Pork Producers Council v…
Always Liability Increases (ALI)? Not Yet with Medical Monitoring.
USA - May 25 2023 For several years, we have blogged about the controversy over whether the American Law Institute (“ALI”) should put its Restatement Third of Torts…
North Carolina Court Dismisses Surgical Stapler Lawsuit
USA - May 24 2023 A plaintiff lawyer recently filed a case against our client in North Carolina. He has made a settlement demand that any rational observer would…
Plaintiff Cannot Create Appellate Jurisdiction Through Partial Dismissal
USA - May 23 2023 The Eleventh Circuit’s recent decision in Rosell v. VMSB, LLC, ___ F.4th ___, 2023 WL 3398509 (11th Cir. May 12, 2023), has nothing whatever to do…
Montana Enacts Product Liability Tort Reform (And Bans TikTok)
USA - May 22 2023 Montana became the first state to ban TikTok this month. You no doubt have seen the press and have read the spirited discussion condemning foreign…
Mifepristone manufacturer wins first round in West Virginia
USA - May 19 2023 The core premise of Bexis’ article is very simple: Once the FDA has said “yes” and approved a particular drug for a particular indication (“intended…
A Forum-Shopping Plaintiff Can Be Transferred Out Of Her Home District
USA - May 18 2023 After recent posts on the AHM (or Hippo) litigation, we read the excellent FDA reply brief and considered yet another post on the subject. With the…
Presidential pardon does not undo criminal conviction or support corporate indemnification
USA - May 17 2023 We have a weak spot for criminal cases. We also have a weak spot for doom-scrolling, inevitably provoked by the country’s insane politics over the…
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