This blog has discussed Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019), and its progeny on multiple occasions. We provided a quick take when Albrecht was issued; discussed the decision’s possible ramifications here and here; expressed consternation at certain parts of the decision; reported here and here on how
Motion To Dismiss in Textured-Breast-Implant Litigation Gets The MDL Treatment
This post is from the non-Reed Smith side of the blog.
This blog has repeatedly lamented the tendency of MDL courts to flout federal pleading standards when assessing the sufficiency of master complaints. All too often MDL courts disregard Rule 8(a), which—as authoritatively interpreted by the Supreme Court in Twombly and Iqbal—requires plaintiffs to
Plaintiffs Cannot Invoke the Res Ipsa Loquitur Doctrine—or a Laundry List of Alleged Regulatory Violations—as a Substitute for Pleading Facts
Today we report on a recent decision dismissing manufacturing-defect, warranty, and failure-to-warn claims arising from an allegedly defective breast implant. Although the decision, D’Addario v. Johnson & Johnson, 2021 WL 1214896 (D.N.J. 2021), does not stray far from the beaten path, it covers ground worth revisiting. The decision is a useful (if cursory) reminder
Court Dismisses Lanham Act Claims Brought By Device Manufacturer Against Competitor
A Vaudeville act is supposed to leave the audience wanting more. Not so a judicial decision. But that is what we have today: a decision whose result—the dismissal of Lanham Act claims brought by a device manufacturer against a competitor—is underexplained.
The plaintiff in Impact Applications, Inc., v. Concussion Management, LLC, 2021 WL 978823
Decision Dismissing Claims Against Generic Drug Manufacturer On Implied-Preemption Grounds Also Helpful In Other Contexts
Today’s post discusses a recent implied-preemption decision that is relevant beyond the generic-drug context in which it arose.
A bit of background first.
In Buckman Company v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), the Supreme Court held that 21 U.S.C. § 337(a)—which declares that all actions to enforce the FDCA “shall be by
Exhibiting Insight and Confusion, Court Dismisses Product-Liability Claims Against Surgical-Mesh Manufacturer
Today’s case, Knudsen v. Ethicon, Inc., 2021 WL 390825 (M.D. Fla. 2021), involves product-liability claims against a surgical-mesh manufacturer. In a short decision, the court dismissed manufacturing-defect and implied-warranty claims as inadequately pleaded under Michigan law. Although not fully developed, the court’s reasons for dismissing the claims exhibit both insight into manufacturing-defect claims and
Implied Preemption In Commercial Litigation
This post is from the non-Reed Smith side of the blog.
In future posts I will get to the point with little delay, but because this is my first post for the blog, a short introduction is in order.
I am partner in Winston & Strawn LLP’s Appellate & Critical Motions practice. Questions of