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Drug and Device Law Blog

Articles: 1-10 of 463

Statute of Repose Bars Suit in Biomet Hip Implant MDL.

USA - January 18 2019 We just returned from a four-night cruise that included a stop in Havana, Cuba. We won’t bore you with too many details about the dinner tablemate who…

Ninth Circuit Affirms Federal Preemption Over Dietary Supplement Claims

USA - January 17 2019 We have taken a daily multivitamin ever since our doctor told us that we were chronically deficient in a particular vitamin, the one you can get from…

Certification of Complete Document Production: Completely Unnecessary

USA - January 16 2019 We recently gave a talk on things in MDLs that drive us crazy. Discovery is front and center. The asymmetry of discovery is a huge source of…

Personal Jurisdiction Wins Cases - Part Many

USA - January 14 2019 That part of this title is borrowed from a fellow blogger’s post does not at all detract from its fundamental truth. Attention to personal…

Nutty Cosmetic Class Crushed

USA - January 11 2019 We may not know much about skin care, but we know a thing or two about labeling claims. Whether for a drug, a device, a food, a cosmetic, or some…

Albrecht Oral Argument - Better Us Than Them

USA - January 10 2019 We’ve reviewed the transcript of the oral argument in Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290 (U.S.), e.g., the United States Supreme Court…

Third Circuit Affirms Dismissal of Avandia Failure-to-Warn Claims

USA - January 9 2019 A little over a year ago, we reported on a decision by Judge Rufe (E.D. Pa.) dismissing an Avandia heart attack case on the grounds of the learned…

Another Dormant Commerce Clause Win

USA - January 7 2019 We’ve blogged a number of times about the Dormant Commerce Clause (“DCC”) as an additional basis for bolstering both preemption and Due Process…

The Latest on Predictive Coding

USA - January 4 2019 We last reviewed the case law on predictive coding (also called “technology assisted review” (“TAR”)), about 2 ½ years ago. Back then, we concluded:…

On “Buckmanizing” the Controlled Substances Act

USA - January 3 2019 This isn’t the first time, but the Blog has a problem with its reporting on cases decided in the ongoing “Opioid” litigation. As lawyers, our first…