When we say “bananas,” today’s case is actually about bananas, that herb people tend to call a fruit. It is also quite unusual and complicated. Because it also involves some tragic underlying events, our quips are done. A bit of etymology is warranted, though. We used the term “judge-made law” in the title and that
Doctors Without Burdens: Another Mesh Court Goes Backwards
Maybe we have been doing this too long. Or maybe, like the prequels, spinoffs, and reboots that are so prevalent among streaming entertainment options, there is just a lot of repetition. In serial product liability cases, we hope that repetition leads to consistency of results or at least predictable rules of the game. Consider the
Ruling On Motion To Dismiss In A Pennsylvania (Prescription) Device Case Takes Us Back
This post is from the non-Dechert side of the blog.
After more than a month away at trial, we probably should not have picked a case that hit so close to home, so to speak. Spear v. Atrium Medical Corp., — F. Supp. 3d –, 2022 WL 3357485 (E.D. Pa. Aug. 12, 2022), is
The Not-So-Thin Line Between Negligence and Punitive Damages
In our experience, plaintiffs in product liability cases always seek punitive damages. Even when their claimed injuries are quite modest or their state does not permit punitive damages, they give it a shot. We have had cases with partial summary judgment on punitive damages, with directed verdict on punitive damages, and with jury verdicts for
Severing Cases Sua Sponte
We have a case going on where the plaintiff wants to preclude the use of a term found in his medical records to describe something that happened to him in the past that is highly relevant to the claims and injuries in the case. Instead of using the actual term, which was also used in
Questionable Treater Affidavit Insufficient Support For Defect Claim
We have written a number of posts about pelvic mesh cases over the years. Some of us have also worked on a number of cases. At this point, many cases have gone from MDL to local district court to judgment to appeal. Over time, the tide seems to have turned. That could be because the
Dobbs Would Likely Have Significant Impacts On Drug And Device Companies
Despite our use of plural pronouns, almost all of our posts come from a single author. We occasionally have guest posts by multiple authors or a post that pairs one of us with a subject matter expert. For this post, however, all seven authors of the Blog are joining together.
We are just simple defense
Lack Of Proximate Cause Evidence Dooms Misrepresentation And Warnings Claims
Under Fed. R. Evid. 9(b), “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” In our sphere, federal courts are quite variable in how they apply this standard when deciding 12(b)(6) motions. In particular, MDLs seem to have an unfortunate habit of allowing general allegations to support
Pelvic Mesh Remand Cases Continue To Stall
We do not care much about car racing. Sure, we have seen some parts of some races on television, had toy racecars in our remote youth, and have craned our necks to see a few fancy “street legal” versions zooming past. However, we have never attended a race in person and do not follow any
Sign, Sign, Everywhere A Sign . . . Can’t You Read The Sign?
This past weekend, there was an NCAA Division I clash of athletic teams ranked #5 and #7, respectively, that included two children of two different authors of this Blog. To make things even weirder, one athlete is (cisgender) female and one athlete is (cisgender) male, and they come from opposite ends of the country, although