Today we report on Farson v. Coopersurgical, Inc., 2023 WL 5002818 (N.D. Ohio 2023), a product-liability decision that dismissed all claims against all defendants based on lack of personal jurisdiction, preemption, and Twombly.
Claiming that she was injured when an implantable medical device migrated in her body, the plaintiff brought suit in Ohio
We have lost track of how many times we have written on pelvic mesh cases as they have gone through a number of district courts on remand and occasionally up on appeal to circuit courts. One theme we have seen play out over and over is that plaintiff lawyers who took on more cases than
Bexis knows to throw us the cases that are a bit off center. We gleefully gobble up the criminal cases, forfeiture cases, and other weird ones that are not exactly in the heartland of product liability litigation. We like those cases because they prompt us to think differently, to look at legal disputes with eyes
We have long lamented the apparent relaxation of the Federal Rules of Civil Procedure in multidistrict litigation, and it happened again recently in the Zostavax MDL. We understand that the purpose of MDLs is to conduct coordinated pretrial proceedings, and we understand an MDL judge’s inclination to take a broader view of case management. But
Beginning – at least − with the awful decision in Schrecengost v. Coloplast Corp., 425 F. Supp.3d 448, 465 (W.D. Pa. 2019) (discussed here), plaintiffs seeking to overturn the longstanding Pennsylvania (since the 1940s) prohibition against strict liability in prescription medical product liability litigation have been systematically attacking the precedential weight
Like having a first child, when you assume new responsibilities in caring for elderly parents, you get a crash-course education in topics you otherwise never would have thought about. Have your first child, and you likely will develop a new-found interest—if not firmly-held opinions—on concepts like sleep training and breast feeding. Take on a role
We don’t see the defense of illegality much in the product liability space, but when a plaintiff’s claims arises from his or her own illegal behavior, the illegality defense can be a powerful tool. We mention this now because a district court in Kansas recently applied the illegality defense to dismiss a case based on
Some personal injury plaintiffs will do almost anything to avoid federal court. And by “some,” we mean pretty much all. We freely subscribe to the idea that the plaintiffs’ bar is replete with bad motives on this issue. We are from the Dorothy Parker school of, “If you can’t find something nice to say about
Except as provided in subsection . . . (e) . . ., no State or political subdivision of a State may establish