Follow

Drug and Device Law Blog

Articles: 1-10 of 974

Dog Bites and Good Deeds

USA - June 18 2021 No good deed goes unpunished. One of our very first cases was a pro bono case for the Red Cross following a Northern California earthquake. The Red…

Neither the ‘Malfunction Theory’ Nor the Res Ipsa Loquitur Doctrine Excuses A Plaintiff’s Failure to Offer Evidence of a Defect

USA - June 17 2021 Today we report on Black v. DJO Glob., Inc., — P.3d —-, 2021 WL 2346038 (Idaho 2021), a short and sweet decision rejecting yet another Plaintiff’s…

Reading the Zoom

USA - June 16 2021 We are recovering from a near-trial experience. It settled at the beginning of jury selection, and with that settlement came the usual mixture of…

MDLs Are Not Vegas - What Happens There Does Not Stay There

USA - June 15 2021 Lots of cases get parked in MDLs. There is no denying it. It’s built into the system. Individual cases get brought together in a single court for the…

We Report on FDA-Based Failure-To-Report Claims - A Fifty-State Survey (Part 3)

USA - June 14 2021 As promised, here is part three (the last) of our 50-state survey examining the state of state law concerning allegations that a defendant - in our…

Lots of Good in Motion in Limine Rulings in IVC Filter Case

USA - June 11 2021 We are going to Peoria next week. On an airplane. Ordinarily, this would not be newsworthy, but we are irrationally excited to be taking this step…

Homeopathic Drama Comes To A Climax?

USA - June 10 2021 First of all, get your minds out of the gutter. Second, remember two weeks ago when we noted how rarely we discuss lawsuits against FDA? We are doing…

Testing, One, Two, Three….

USA - June 9 2021 The Ninth Circuit recently answered a preemption question that we had seen arise intermittently, mostly in food litigation, over the past couple of…

Door Still Shut to Parallel Violation Claims in Florida

USA - June 8 2021 This post is from the non-Reed Smith side of the blog. Today’s case - Bernasek v. Gatz, 2021 WL 2152968 (Fla. Cir. May 20, 2021) - doesn’t exactly…

Zofran Preemption Victory - Entire MDL To Be Dismissed

USA - June 7 2021 We’re old enough that we remember the pre-Daubert Bendectin litigation. Bendectin was the only FDA-approved drug indicated for nausea and vomiting…