We typed the following question into a simple AI prompt: “What is the difference between admonish and deter?” The response started with “The primary difference between admonish and deter lies in their intent and timing: admonishing is form of active, often verbal correction or warning regarding past or present behavior, while deterring is an act
More Than A Feeling Required In Psych Drug Case
This post comes from the non-RS side of the Blog.
Prescription medications for psychiatric conditions fill an important role in modern healthcare. They tend to have labels with lots of information about the risks of various emotional, psychological, and neuroreceptor-mediated conditions, including worsening of the underlying conditions being treated, interactions with other medications or substances
Another State AG Action On Electronic Cigarettes Impliedly Preempted
Five months ago, we posted on a decision from an Ohio intermediate appellate court finding that a state AG action against sellers of vaping products was impliedly preempted under Buckman. Part of what got our attention about the decision in State ex rel. Yost v. Cent. Tobacco & Stuff, Inc., No. 24 CAE
Clinical Trial Sponsor Not Liable For Sponsoring Clinical Trial
Yes, we know our title is rather circular. In fairness, most of the allegations we have seen in cases attempting to impose liability on the sponsor of a clinical trial are too. We have been following proposed clinical trial liability in its various proposed forms for quite some time, including winning a jury trial
Guest Post: What the New Reference Manual for Scientific Evidence Teaches Us About AI in the Courtroom
Today’s guest post is from Nick Dellefave, an up and coming Holland & Knight litigator. The Blog has rolled out a few posts on the latest edition of the Reference Manual on Scientific Evidence. Nick adds to this opus with a dive into the intersection between scientific evidence, the role of trial judges
No Physical Injury, No Economic Damages, No Standing, No Class
Digital Health Liability Law In Flux
Not quite three years ago, we co-authored a chapter in a Digital Health guide put out by International Comparative Legal Guides. It bore the pithy title “Predicting Risk and Examining the Intersection of Traditional Principles of Product Liability Laws with Digital Health.” We continue to tinker with the principles of product liability law
This Post Is Not About Trademarks Or Defamation
Perhaps driven by fear of retribution for saying what you really think, an indirect method of communication has gained some popularity on the social media platforms of late. It goes like this: 1) a historical fact or spin on one is presented, such as on a past military conflict or a criminal conviction; and 2)
Nevada Court Rejects Purported Parallel Claim Based On A Purported Violation Based On A Purported Defect Based On Market Withdrawal
In case our title was too subtle, we think that a stack of purported inferences should neither state a claim for strict liability with a prescription medical device nor sidestep express preemption in the case of a Class III device. We have long been dubious of the idea of a true parallel claim as articulated
Venue? We’re Talking About Venue? Yes, Venue
As many of the Blog’s authors and readers wake up today, they will be in New York for the ACI Drug and Medical Device Litigation Conference. Clearly, the choice of venue matters when it comes to a conference. It also matters to plaintiff lawyers and the medical product manufacturers that they sue. The infamous