Most of this blogpost is about inside MDL baseball. If that’s not your thing, please come back on Monday. Also, this post is solely from the non-Dechert side of the Blog.
When last we checked on the progress of the Zantac MDL, the plaintiffs’ claims for innovator liability and against pharmacies and other retailers had
Four times in the past several months (here, here, here, and here), we have reported on cases in which plaintiffs have sought injunctions that would compel hospitals to administer the anti-parasitic drug ivermectin to COVID-19 patients. Today we report on another such case, Texas Health Huguley, Inc. v. Jones,
New Mexico calls itself the Land of Enchantment, and with good reason. Carlsbad Caverns, White Sands National Monument, the Albuquerque Balloon Festival, the ski slopes of Taos, and Chaco Culture National Historic Park are all splendid visual treasures. A green chili burger is a lovely work of art. And there is a reason all that
Defendants get accused of using snap removals as some sort of nefarious litigation tactic to thwart the forum defendant rule and drive cases into federal court. But all defendants do when they “snap” remove, is follow the law as written. In case you are new to this area of the law, we will stop here
We’ve already provided two “reports from the front” about how the federal government is faring in False Claims Act cases where it has moved to dismiss actions over the objections of the relators supposedly pursuing recovery in the government’s name. Here’s a third one, about Polansky v. Executive Health Resources, Inc., ___ F.4th ___,
We have been following the issue of potential product liability for software, including in connection with medical devices, for a while. Much of our attention, predictably, has been on FDA regulation of device software, including issues related to resistance to hacking to obtain information or cause harm. Like here, here, here, and
If drugs and medical devices undergo a product life cycle, so do drug and medical device litigations. We are currently laboring in the relatively early stage of a Multidistrict Litigation, where the court seems terrified of making any substantive decisions. We get no rulings. Rather, the parties are forced to listen to lectures about the
A couple of months ago we were sufficiently impressed by a guest post we received concerning Iowa and the learned intermediary rule.that we invited counsel familiar with the other states that lacked state-court appellate authority to give us their best pitch for the rule in those states. We had volunteers for South Carolina and Wisconsin
Some product liability cases are so bad they won’t fly even in California. Gall v. Smith & Nephew, Inc., ___ Cal. Rptr.3d ___, 2021 WL 5027197 (Cal. App. Oct. 29, 2021), is one of those. Plaintiff alleged that the defendant inadequately warned about the alleged risks of a hip implant, or alternatively that the
Now that a childhood COVID-19 vaccine has received FDA approval, the vaccination of school-aged minors is underway. Just as vaccination requirements for adults have prompted a wave of litigation, we expect the same with respect to COVID-19 vaccination as a prerequisite to attending primary schools. But with a twist. Unlike adults who ignore mandatory