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Results: 1-10 of 51

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


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


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


Never Too Late to Celebrate Preemption
  • Dechert LLP
  • USA
  • October 5 2017

Can you recall what you were doing back in March of this year? To be more precise the day before St. Patty's Day and the day after the Ides. No? Well


Michigan Court Excludes Expert Testimony from Treater and Grants Summary Judgment
  • Dechert LLP
  • USA
  • July 20 2017

Usually when we are talking about Michigan, it's to praise the Michigan Products Liability Act which cuts off civil liability for drug manufacturers


North Carolina Rejects Stengel in Complete Preemption Win
  • Dechert LLP
  • USA
  • July 6 2017

Put a New Yorker and a Californian in a room together and the debate will begin almost immediately. Hollywood v. Broadway. Atlantic v. Pacific


Similar Claims but Opposite Results
  • Dechert LLP
  • USA
  • May 23 2017

A federal judge in Texas recently ruled that Texas law does not allow a claim for negligence per se based solely on alleged violations of the FDCA or


EDLA Rejects Preemption of Drug Design Defect Claim
  • Dechert LLP
  • USA
  • April 20 2017

Just yesterday we made the following observation: a design defect claim is often a make-weight claim. How should the design have been improved? Not


Third Circuit Reinterprets Wyeth v. Levine for the Worse and Finds Preemption is a Jury Question
  • Dechert LLP
  • USA
  • March 28 2017

Last week the Third Circuit overturned the dismissal of thousands of cases in In re: Fosamax Products Liability Litigation, F.3d -, 2017 WL 1075047