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Drug and Device Law Blog

Articles: 1-10 of 947

FDA Safe Harbor Does Not Bar Cat Food Class Action

USA - May 12 2021 Pet owners are among this blog’s readers (and writers) so every once in a while we check in on the law governing drugs used to treat animals. Yes…

Sloppy is as Sloppy Does

USA - May 11 2021 None of us are perfect. Briefs get filed with typos. Letters go out mis-dated. It happens. Emailing and texting are prone to informality…

We Report on FDA-Based Failure-To-Report Claims - A Fifty-State Survey (Part 1)

USA - May 10 2021 Not too long ago we discussed the decision in In re Allergan Biocell Textured Breast Implant Products Liability Litigation, 2021 WL 1050910 (D.N.J…

No “Financial Bias” Exception to Learned Intermediary Rule in Florida—or Anywhere Else

USA - May 7 2021 The plaintiff in Salinero v. Johnson & Johnson, __ F.3d __, No. 20-10900, 2021 WL 1681237 (11th Cir. Apr. 29, 2021), tried a new twist to get around…

A Defense-Friendly Take on Albrecht

USA - May 6 2021 This blog has discussed Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019), and its progeny on multiple occasions. We provided a quick…

D. Minnesota Dumps Non-Diverse Plaintiff’s Claim for Lack of Personal Jurisdiction

USA - May 5 2021 Today’s case, BCBSM, Inc. v. Celgene Corp., 2021U.S. Dist. LEXIS 52785 (March 22, 2021), is an antitrust case. The plaintiffs alleged that a pharma…

Civil Rules Committee Proposes to Toughen Rule 702

USA - May 4 2021 For almost as long as we’ve been blogging, we’ve complained about some courts’ flaccid and lackadaisical Daubert gatekeeping. It’s not just trial…

Possibly Off-the-Wall Ideas Triggered by Recent Cases

USA - May 3 2021 One of the intriguing things about cases decided by a jurisdiction’s highest court is that pronouncements by such courts can often have far-reaching…

Fifth Circuit Affirms Two Defense Victories from the Taxotere MDL

USA - April 30 2021 We hope, when our time on earth is up, we are remembered as someone who possessed skills and made contributions. We are certain that gardening will…

Spoliation Is A Two-Way Street, Or Should Be

USA - April 29 2021 We are careful when discussing discovery sanctions, particularly spoliation, for a simple reason. The companies we represent that make medical…