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Results: 1-10 of 57

Be Careful What You Ask For
  • Dechert LLP
  • USA
  • August 7 2018

Today’s post is an update to our post from just a few weeks ago regarding McWilliams v. Novartis AG, No. 2:17-CV-14302 (S.D. Fla.). At that time, the


Failure to Report Claimed Allowed, But Plaintiff Shouldn’t Feel Bullish
  • Dechert LLP
  • USA
  • July 24 2018

We truly dislike decisions that find that claims of failure to report adverse events to the FDA are non-preempted, parallel violation failure to warn


Plaintiff Ignored a Gift Horse and It Came Back to Bite Her
  • Dechert LLP
  • USA
  • June 19 2018

You’re likely all familiar with the phrase, “don’t look a gift horse in the mouth.” Checking out a gift horse’s teeth is like looking for the price


PMA Preemption Win At Summary Judgment Stage
  • Dechert LLP
  • USA
  • June 12 2018

What happens when a case involving a medical device that received Pre-Market Approval from the FDA survives, or at least some part of it survives, a


Strike Two For Plaintiff in Pennsylvania
  • Dechert LLP
  • USA
  • June 7 2018

Today is a follow-up post on Bell v. Boehringer Ingelheim Pharms, No. 17-1153, 2018 U.S. Dist. LEXIS 90337 (W.D. PA. May 31, 2018). When we last


Another PMA Preemption Victory
  • Dechert LLP
  • USA
  • May 8 2018

This one comes from Alabama and it’s pretty straightforward - Plaintiff’s claims are preempted and therefore dismissed with a little wiggle room left


Forum Non Conveniens and Choice of Law - Issues Post BMS
  • Dechert LLP
  • USA
  • November 20 2017

Interestingly, it's a case that is almost a year old that has us thinking about litigation tourism post Bristol-Myers Squibb Co. v. Superior Court


Turning A Lemon Into Lemonade
  • Dechert LLP
  • USA
  • November 20 2017

Way back at the start of this year, we posted about a great preemption win on express warranty. Well, that case has worked its way through the


Post-Remand Consolidated Mesh Trial Upheld on Appeal
  • Dechert LLP
  • USA
  • October 24 2017

Looking back on the blog, the last time we posted about the Pelvic Mesh MDL was this summer when we lauded a remand judge for not allowing plaintiffs


Design Defect Claims Preempted In Eye Drop Litigation
  • Dechert LLP
  • USA
  • October 19 2017

Do as I say, not as I do. A crutch used by parents worldwide to justify their own bad habits while trying to ensure their children don't repeat them