As we write this, our fair city remains in a blissful haze following our Eagles’ 33-10 rout of the 49’ers to go 7-1 in the NFC East, so it might be appropriate to call today’s opinion a “touchdown.” On the other hand, the World Series approaches Game 6, following a game in which twenty-five runs
October 2017
Medtronic v. Lohr Has Two Shadows
For over fifty years, the BBC has been chronicling the exploits of that ultimate learned intermediary, Dr. Who. Over the decades, successive Doctors have crossed swords (or sonic screwdrivers) with a wide variety of enemies, from the Master, through Daleks, Cybermen, Zygons, and Mara. But for us, there is…
Shameless Plug: Discount Code for Our Readers to 2017 ACI Drug & Device Conference
As we mentioned several weeks ago, several of your Reed Smith bloggers are making plans to be in New York on December 5-6 to attend ACI’s annual Drug and Medical Device Litigation conference. We’re looking forward to great content and numerous networking opportunities – and maybe even the chance to catch up with…
Three Strikes And . . . You Get Another Chance?
“Legal conclusions, though, are not entitled to the assumption of truth.” If that were the only point we could take away from Wright v. Howmedica Osteonics Corp., No. 5:17-cv-459, 2017 U.S. Dist. LEXIS 168785 (M.D. Fla. Oct. 12, 2017), we would be satisfied. We understand notice pleading and such, but we have seen all…
Preemption as a Mass Tort Talisman?
A talisman is something thought to protect whoever has it from evil or harm. In the old days a talisman might be something like garlic to ward off vampires or the Seal of Solomon to keep away various evil spirits. Nowadays, there aren’t so many – although it seems there are some people out there…
M.D. PA Declines to Dismiss Monitoring/Declaratory Judgment Action vs. Blood Temperature Regulation Device
We thought we were on a winning streak on medical monitoring. In August, we blogged about plaintiff lawyers stumbling in their efforts to walk the not-quite-yet-injury line. https://www.druganddevicelawblog.com/2017/08/monitoring-the-death-of-medical-monitoring.html In September, we blogged about a denial of a medical monitoring class action because the issues were more specific than common. https://www.druganddevicelawblog.com/2017/09/medical-monitoring-class-certification-fails.html. But with the falling…
Post-Remand Consolidated Mesh Trial Upheld on Appeal
Staying The Course In A Mississippi Drug Case
Reaping the Jurisdictional Whirlwind
Literally for decades plaintiffs in mass torts have employed the business model of flooding jurisdictions seen as friendly to them with more solicited plaintiffs than any court system can possibly handle. They have employed every forum-shopping trick in the book to trap defendants in these jurisdictions, which usually have no relationship to any party. After…
Emphatic Win for Pre-Service Removal in Eliquis MDL
Recently, in downsizing our elderly father to a smaller residence and cleaning out his house, we came upon a cassette recording of our too-many-decades-ago Bat Mitzvah. We dug an old boom box out of the basement, listened to our sweet 13-year-old voice, and allowed the waves of nostalgia to wash over us. We remembered the…