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Results: 1-10 of 324

Checking Out the B-Side
  • Dechert LLP
  • USA
  • September 19 2017

Search for Medtronic on this blog and you're going to find preemption cases. Lots of preemption cases. Mostly preemption victories for the defense. An


Good Heeding Presumption Decision in New York
  • Dechert LLP
  • USA
  • September 7 2017

We've made no secret of our dislike of the so called "heeding presumption." We have a tag on this subject with multiple posts decrying this


Federal Court Says VA Can’t Block Prescriber’s Deposition
  • Dechert LLP
  • USA
  • August 29 2017

We all know how important a prescriber's testimony is in a drug or device case. In many jurisdictions, the testimony of the prescriber is a mandatory


Good Testimony from Neutral Prescriber Leads to Summary Judgment in Plavix Litigation
  • Dechert LLP
  • USA
  • August 25 2017

We've posted a lot about Plavix recently but all in the context of the Supreme Court's decision in BMS v. Superior Court on personal jurisdiction. So


A Tale as Old as Time A Beauty and a Beast
  • Dechert LLP
  • USA
  • August 10 2017

The beast part may be a bit of an exaggeration, but it serves the purpose of depicting what at least on the surface are two very opposite things. But


Plaintiff’s Expert’s Opinions Trimmed Post-Remand in Mesh Litigation
  • Dechert LLP
  • USA
  • July 27 2017

There is always a level of uncertainty when a case gets remanded from an MDL. New judge; new interpretations of prior rulings; new rulings. It can be


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


Post-BMS Personal Jurisdiction is Pretty Straightforward
  • Dechert LLP
  • USA
  • July 18 2017

We commented last week that we were not surprised by the numerous post-BMSpersonal jurisdiction decisions we were seeing. Lots of courts and parties


“Just Because” Not Good Enough for TwIqbal
  • Dechert LLP
  • USA
  • July 6 2017

It's a fairly well known double standard. If you ask your child why he or she did that rotten, terrible, awful thing and he or she responds "just


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