With a lot of you on the way out the door for Labor Day, here are a couple of new (at least to us) cases, that while not important enough to merit lengthy discussion, which contain something interesting (to us defense drug and device lawyers, that is).
Cheatham v. Teva Pharmaceuticals, 2010 U.S. Dist.
September 2010
Medical Device Preemption And Fraudulent Joinder
One of the things we really like about blogging is that it puts us in touch with smart defense lawyers all over the country. Sometimes, when we know who’s litigating certain issues in particular mass torts, well give him/her a call to check if s/he knows anything new on that point. Other times, somebody will…
First Amendment on Ice
It was noted all the alerts that went around yesterday, such as this one, but since we’ve been following the litigation intensively, here, here, here, and here, we thought we’d note it here for our readers. Unfortunately, as part of Allergan’s Botox settlement yesterday with the federal government, the company…
More Bad Preemption News – The Sledding Gets Tougher
Yesterday, Judge John Fullam (Eastern District of Pennsylvania) denied Wyeth’s preemption-based summary judgment motion in a number of Effexor SSRI suicide cases. See Baumgardner v. Wyeth Pharm., Case No. 2:05-cv-05720-JF (Aug. 31, 2010). The opinion is short, which we suppose is a blessing in disguise, because at least the court didn’t take this opportunity…
HT Development – Plaintiffs Lose Estrogen-Only Experts
This piece of breaking news comes courtesy of Chris Campbell at DLA Piper. We regret that, because of our own HT involvement here in Philly, we probably can’t do it justice.
There are two kinds of HT cases (actually, a lot more than two kinds, depending on the criteria, but humor us) – those…