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Drug and Device Law Blog

Articles: 1-10 of 782

Putting Some Teeth In Repose

USA - July 31 2020 We start with a disclaimer: The following metaphorical exercise is somewhat forced, but we are doing it anyway. If you are like us, then you are a…

New York Chantix Case: Great on Preemption, Not So Hot on “Failure to Test.”

USA - July 30 2020 Recently, largely related to the dubious pleasure of home ownership, we have had multiple occasions on which we were forced to shrug our shoulders…

FDA Cigar/Pipe Warnings Go Up in Smoke

USA - July 29 2020 We light up a cigar maybe once a month. Of course, they’re no damned good for us. If we had any doubts, the headache and swamp-breath the next day…

Johnson v. Monsanto - Even a Hostile Court Can’t Entirely Deny Preemption

USA - July 28 2020 One of the cases we follow closely, with daily searches, is Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019). It’s an implied…

A New Talc Personal Jurisdiction Mess

USA - July 27 2020 As consumers, and connoisseurs, of personal jurisdiction precedent, we write today to consider the latest jurisdictional mess that has arisen, this…

No Innovator Liability, No Personal Jurisdiction Either in Idaho

USA - July 24 2020 We have an update today on a case from Idaho on which we blogged late last year. The issue then was innovator liability, and we gave our enthusiastic…

Quasi-Guest post - COVID-19 or Not − Snap Removal Keeps Coming

USA - July 23 2020 Here is another post from our junior blogger-in-training, Dean Balaes. He tackles one of the blog’s favorite subjects, removal before service to…

Watch Your (Deposition) Language

USA - July 22 2020 Our ongoing tour of Famous Novels We Missed Along the Way has introduced us to some splendid prose. Thackeray and Trollope insert subtle judgments…

Can a Blawg Be Liable for Defamation? Not Likely (Whew!)

USA - July 20 2020 There but for the grace of [fill in your preferred deity] go we. . . . We’re speaking about Wexler v. Dorsey & Whitney LLP, ___ F. Appx. ___, 2020 WL…

Expert Excluded, and Summary Judgment Granted, In Remanded Pelvic Mesh Case

USA - July 17 2020 One day last week, we were sitting at our computer watching a torrential rainstorm through the windows of our home office. It occurred to us, based on…