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Drug and Device Law Blog

Articles: 1-10 of 398

By the Book: Hip Implant Claims Dismissed in Middle District of Florida

USA - September 21 2018 Recently, the Enviably Youthful Drug and Device Law Mother has been pushing us to plan a mother/daughter vacation. Her longtime companion no longer…

Discovery Sanctions Affirmed After Plaintiff Lost Summary Judgment

USA - September 19 2018 Just two weeks ago, we largely praised an MDL court’s handling of sanctions for a plaintiff’s stonewalling in response to discovery obligations, but…

E.D. Missouri Saves Manufacturing Defect Claim; Sacrifices Good Sense

USA - September 18 2018 We’ll get to today’s case in a moment, but first, a few words about SCOTUS and expiration dates. One hundred and one years ago tomorrow saw the birth…

So-Called “Death Panel” Affirmance Explores Off-Label Use Boundary

USA - September 17 2018 Although they have nothing to do with the Affordable Care Act, health-care-related so-called “death panels” do exist. These panels are operated by…

Correct Application of the Discovery Rule Means Summary Judgment in Hip Implant Decision out of the Eastern District of Pennsylvania.

USA - September 14 2018 We have always had a soft spot for zebras. They are the equine world’s version of some of our favorite acquaintances — the ones who always dress a…

Money for Nothing? No Standing This Time in the Third Circuit

USA - September 13 2018 We sometimes sit around trading stories about the dumbest lawsuits we have ever seen. Our personal favorite is a class action that the Drug and Device…

IVC Filters MDL Court Permits Defendants to Use IFU and Medical Guidelines Against Design Defect Claims

USA - September 12 2018 This isn’t the first time we’ve written about the Hyde case in the Bard IVC Filters MDL. Back in July we reported on some pretrial rulings in that…

Re-Examining the Ethics of Removal

USA - September 10 2018 In the early days of the Blog, in 2009, when Bexis and Mark Herrmann were operating in relative obscurity, we posed the question whether it was…

Guest Post - Cell Phones, Immigration and Why Wyeth v. Levine Was Wrongly Decided on ‘Purposes and Objectives’ Obstacle Preemption

USA - September 6 2018 Today’s guest post is by frequent contributor Dick Dean of the Tucker Ellis firm. This time, Dick is sharing some insights on Wyeth v. Levine, 555 U.S…

What is a Lie? How to Decide? Who Decides?

USA - September 5 2018 Recently Rudy Giuliani was broiled for saying that the truth isn’t the truth. Denying a tautology won’t typically earn one high marks for logic. Add…