Since honoring the Ninth Circuit’s decision in Nexus Pharms., Inc. v. Cent. Admixture Pharm. Servs., Inc., 48 F.4th 1040 (9th Cir. 2022), as being our third best decision of 2022, we have been waiting for (and expecting) a court to apply it to a food labeling case. And now one has –
Law school exams are usually exercises in issue spotting. Buried within the fact scenarios are various legal issues. The student earns points by identifying those issues and discussing how they should be resolved. Sequence also matters. It makes sense to walk through threshold issues, such as jurisdiction, first.
Goins v. Saint Elizabeth Medical Center, Inc.
We’ve never seen a case quite like Michaels v. Genzyme Corp., 2023 WL 8828003 (S.D. Ill. Dec. 21, 2023), before, and we hope we don’t again. Michaels took the “proximate” out of proximate cause.
Here’s why we say that. Michaels was filed in 2023 over “a paternity test that was conducted in 1989.” Id.
We don’t see many cases involving human tissue, but medical products derived from human tissue are actually quite common. Skin replacement products, tissue-engineered cartilage, compounds for treating bone fractures and tumors. Those kinds of things. Just yesterday in our annual Ten Best/Ten Worst Cases webinar we discussed a case involving transplanted human eye tissue.
It is a simple fact that product liability plaintiffs almost always prefer state court and product liability defendants almost always prefer federal court. This is a major reason why removal fights, sometimes intertwined with personal jurisdiction fights, happen so often in these types of cases. Another reason is that product liability plaintiff lawyers like to
We’ve pointed out several times recently (and will be pointing out in an ACI presentation today) that cases against over the counter (OTC) drugs are on the uptick. Why? Here’s our theory: there are lots of OTC consumers, hence lots of potential plaintiffs, and there are no pesky learned intermediaries, which means that plaintiffs can
Today’s case is a counterpart to our post a few months ago about a case applying Buckman preemption to a contract dispute where adjudicating the alleged breach would have forced the court to decide FDA regulatory issues. In that case (Thogus Products Co. v. Bleep, LLC, 2023 WL 5607458 (N.D. Ohio 2023)), the
While putting together our recent Camp Lejeune post on deliberative process privilege, we came across another discovery dispute that we’ve seen in prescription medical product liability mass tort litigation – plaintiffs refusing to produce their social security numbers. So we decided to take a look at what’s out there. We found that “Courts have routinely
For any of our loyal readers looking to start the New Year with a healthy helping of CLE credit, a friendly reminder that four of your bloggers – Bexis, Steven Boranian, Stephen McConnell, and Lisa Baird – will be presenting a free 90-minute CLE webinar on “The good, the bad and the ugly: The best
On February 6, Dechert is proud to host the 2024 Life Sciences Day, an interdisciplinary program designed for in-house counsel, chief officers, and strategic investors. This dynamic half-day event will feature expert panels discussing key issues in the life sciences sector and include speakers from leading pharmaceutical and biotech companies.
Our panelists will