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Drug and Device Law Blog

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Ninth Circuit Affirms Dismissal of Breast Implant Manufacturing Defect Claim

USA - May 27 2020 It’s a short work week, and we’ve got a short case for today’s discussion. Ebrahami v. Mentor Worldwide LLC, 2020 WL 2510760 (9th Cir. May 12, 2020)…

Great Summary Judgment Win in E.D.Pa. IVC Filter Case — with One Glitch

USA - May 22 2020 Like the rest of you, we have enjoyed streaming new video offerings as we stave off social deprivation. But, more often than not, we find ourselves…

Making It Snappy in New York

USA - May 21 2020 There’s a reason plaintiffs hate removal before service - “snap removal.” It has the potential to wreak havoc on their mass tort business models…

Missouri Tort Reform: Abusive Lawsuits Won’t Keep Rolling Along

USA - May 20 2020 Missouri is central to America - geographically, culturally, and politically. Some of our greatest literature came from Missouri authors (Twain, Eliot…

FDA Nonacquiescence Strategy Fails In Evergreening Case

USA - May 18 2020 One of the advantages that the FDA (and other government Agencies) have over other litigants is that it gets to ignore court decisions it doesn’t…

N.D. Cal. Decertifies Forgettable Class Action

USA - May 13 2020 “Remembrance of things past is not necessarily the remembrance of things as they were.” - Proust…

Quasi-Guest Post - Plaintiffs’ Beast of Burden: Adverse Event Reports Precede Causation

USA - May 12 2020 We’re calling this a “quasi” guest post because the author, Reed Smith‘s Dean Balaes, is actually trying out to join our blogging team. This is his…

On Newly Acquired Information

USA - May 11 2020 We’ve noticed quite a few prescription drug preemption decisions lately involving “newly acquired information.” That’s because the Supreme Court…

This Is The Correct Standard For Judging Predominance In Class Actions

USA - May 8 2020 The Third Circuit issued a gem of an opinion on class certification last month, and we like it because it puts a laser focus on what a plaintiff has…

Seventh Circuit Nixes Negligent Misrepresentation Claim Premised on Alleged Discovery Violation in Prior, Settled Case

USA - May 7 2020 When a lawsuit settles, both sides get something. When one of our cases settles, one of the things we get is a raft of mixed emotions. Undeniably…