A couple of months ago we were sufficiently impressed by a guest post we received concerning Iowa and the learned intermediary rule.that we invited counsel familiar with the other states that lacked state-court appellate authority to give us their best pitch for the rule in those states. We had volunteers for South Carolina and Wisconsin
Gall Stoned – No “Authority . . . That An Agency Imprimatur Changes The Quality Or Significance Of The Science”
Some product liability cases are so bad they won’t fly even in California. Gall v. Smith & Nephew, Inc., ___ Cal. Rptr.3d ___, 2021 WL 5027197 (Cal. App. Oct. 29, 2021), is one of those. Plaintiff alleged that the defendant inadequately warned about the alleged risks of a hip implant, or alternatively that the
Does the PREP Act Immunize Antivax Parents?
Now that a childhood COVID-19 vaccine has received FDA approval, the vaccination of school-aged minors is underway. Just as vaccination requirements for adults have prompted a wave of litigation, we expect the same with respect to COVID-19 vaccination as a prerequisite to attending primary schools. But with a twist. Unlike adults who ignore mandatory
A Word to the Wise – Watch What You Say on LinkedIn
LinkedIn has become one of the preferred ways of corporate communication. Our own firm encourages us to maintain LinkedIn profiles and use them as a way of networking with clients and potential clients. That’s all well and good. But as with all public social media platforms, users – particularly corporate users – need to be
What Fraud on the FDA Really Looks Like
We’ve seen many plaintiffs allege that drug and/or medical device manufacturers committed “fraud on the FDA” and bemoan that Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), prevents them from recovering based on such allegations. Buckman still doesn’t prevent them from trying every form of evasive legal chicanery known to man to
Fascinating Implications of Legal Malpractice Claims in Zoster MDL
Here’s something we’ve never seen before in a mass tort MDL. In In re Zostavax (Zoster Vaccine Live) Products Liability Litigation, 2021 WL 3375941 (E.D. Pa. Aug. 3, 2021), two former MDL plaintiffs who had suffered summary judgment against their claims were allowed to rejoin the MDL – to assert legal malpractice claims against
On Zoom Depositions
With November representing the 18th month of socially distanced litigation, we thought we’d take a look at what courts have said about remote (usually Zoom) depositions. Like it or not, we think they’re here to stay.
Yes/No
The first question is whether or not to have them. Can one side impose them unilaterally?
The answer
Shameless Plug: Reed Smith’s Virtual Life Sciences CLE Week
Thanksgiving is somehow just around the corner. Your bloggers are, of course, thankful for you, our loyal readers. And we want to give you – or at least those of you who may need more CLE credit before year-end — something to be thankful for as well. So we are pleased to announce that Reed
Out of Africano – Hernia Mesh Win Produces More Good Law
This post is from the non-Dechert side of the blog.
We previously discussed some favorable motion in limine rulings in the hernia (not pelvic) mesh case, Africano v. Atrium Medical Corp., 2021 WL 4477867 (N.D. Ill. Sept. 30, 2021). They were a welcome change from the appalling MDL choice of law rulings against
More Interesting Post-MDL IVC Rulings
Ever since our Bone Screw days, when we used the strategy to great effect, we’ve rooted for defendants undertaking to beat post-MDL remand plaintiffs in guerrilla litigation in numerous courts across the country. The way to do it is twofold: On the one hand the defendant creates litigation uncertainty by hemming the other side in