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Drug and Device Law Blog

Articles: 1-10 of 1231

Minnesota Court Holds that Dispute with Compounder is Preempted

USA - June 29 2022 We are always delighted to find a case that bars a claim based on FDA preemption, but Nexus Pharms., Inc. v. IntegraDose Compounding Servs., LLC…

Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs

USA - June 28 2022 Given what we saw in states such as Mississippi, Oklahoma, and Idaho even before the Supreme Court's in Dobbs v. Jackson Women's Health Org., ___ S…

Plaintiff Loses Motion for New Trial in N.D. Illinois Hernia Mesh Case

USA - June 27 2022 Before we get to today’s case, we fondly tip our hat to the Westminster Kennel Club Dog Show, held (and televised) last week. Regular readers know…

FDCA-Based Negligence Per Se & Informed Consent Don’t Mix

USA - June 24 2022 Summary judgment was affirmed in Vesoulis v. ReShape LifeSciences, Inc., 2022 WL 989465 (5th Cir. April 1, 2022), although the recent troubling trend…

No Personal Jurisdiction Over Component Supplier Under New York’s Long-Arm Statute

USA - June 23 2022 We’re pragmatic geeks. That means we love personal-jurisdiction issues. This year alone we’ve reported on personal-jurisdiction cases here, here, and…

Acquisition of Raw Materials does not Support Personal Jurisdiction

USA - June 22 2022 This is called the Drug and Device Law blog, but every once in a while we discuss cases that involve neither drugs nor devices. Usually that is…

Alternative Designs in Kansas Must be Feasible and Adequate and Effective - Oh My

USA - June 21 2022 Perhaps not as menacing as Lions and Tigers and Bears (Oh my) - but feasible, adequate, and effective proved to be too much for plaintiff in Davis v…

Questionable Treater Affidavit Insufficient Support For Defect Claim

USA - June 20 2022 We have written a number of posts about pelvic mesh cases over the years. Some of us have also worked on a number of cases. At this point, many cases…

Go Ahead And Inspect The Device, Court Says

USA - June 17 2022 An explanted medical device is an interesting thing. It was designed and made to reside within the human body, and it was implanted for the purpose of…

Beware of Zombie Express Preemption Presumption Precedent

USA - June 16 2022 When we (belatedly) learned of the Supreme Court’s abolition of the so-called “presumption against preemption” in express preemption cases, that…