Earlier this year we posted about the decision on defendant’s motion to dismiss in Crockett v. Luitpold Pharmaceuticals, Inc., 2020 WL 433367 (E.D. Pa. Jan. 28, 2020). We called it a “patchwork” decision, meaning we generally liked it but it wasn’t a seamless defense victory. Well, the court ruled on another defense motion just this
We don’t see claims under the Magnuson-Moss Warranty Act, 15 U.S.C. §2301(1) (“MMWA”) much in our prescription medical product sandbox. The MMWA is the federal statute that governs warranties for consumer products, and it was enacted around fifty years ago basically to make warranties more understandable and to limit the use of disclaimers. Thus, if
Today’s guest post comes from Karl Neumann at Cozen & O’Connor. He was on the team that won this case, and sent us such a detailed description that we invited him to write it up himself – and he was kind enough to take us up on that offer. The title tells you what
The plaintiffs’ allegations in In re MDL 2700 Genentech Herceptin (Trastuzumab) Marketing & Sales Practice Litigation, ___ F.3d ___, 2020 WL 2781287 (10th Cir. May 29, 2020), weren’t safety related. Rather, they sought damages for purely economic loss because the way the vials of Herceptin (a prescription biologic) were filled allegedly resulted in most
We’ve been reminiscing often lately about our days as a federal prosecutor. Part of that is pure nostalgia. Part of it is wondering about the road not taken. Part of it is explaining to others why the show Billions is so crazily unrealistic.
The Covid-19 lockdown has sent us scurrying through the streaming services in
This has been an important concept in the gadolinium litigation and it delivered another preemption win in Javens v. GE Healthcare Inc., 2020 WL 2783581 (D. Del. May 29, 2020). The changes being effected (“CBE”) label change process has strict limitations on when it can be used to add or amend warnings without prior
Yesterday afternoon, only a few minutes after we saw the storm warning and cut short our walk with the Drug and Device Law Little Rescue Dogs, a brief but violent thunderstorm crashed through our neighborhood in the western suburbs of Philadelphia. (We note, parenthetically, that the adjective “violent” describes our weather with unprecedented and escalating
For as long as we’ve been practicing law, litigation tourists plaintiffs, from far and wide, have flocked to bring suit in the downstate Illinois counties of Madison and St. Clair, despite their claims having nothing to do with the state of Illinois. Yesterday, the Illinois Supreme Court – in Essure litigation – recognized that this
Bexis has been writing amicus curiae briefs for the Product Liability Advisory Council (“PLAC”) for a long time. He was introduced to PLAC by one of the best lawyers he (or anyone, for that matter) ever met, Edward W. “Neddie” Madeira, Jr., who recently passed away. Fare thee well, Neddie, you are missed.
Back
Last Thursday, Richard Dean gave us yet another excellent guest-post on primary jurisdiction. That under-appreciated doctrine is to Richard what preemption is to Bexis, or what dog shows are to Rachel, or what Ian Fleming and Dashiell Hammett (whose birthdays coincided with Richard’s May 28 post) are to us.
We had selected primary jurisdiction with