Regular readers know that, after receiving a useful guest post on Iowa learned intermediary law, we asked our readers if they would like to prepare similar detailed arguments in favor of the LIR for other states in which there was no state-court appellate law. Here is one for Wisconsin. It’s authored by three attorneys from
Zantac Chronicles IX – Oops, Plaintiffs Overpleaded Again
Most of this blogpost is about inside MDL baseball. If that’s not your thing, please come back on Monday. Also, this post is solely from the non-Dechert side of the Blog.
When last we checked on the progress of the Zantac MDL, the plaintiffs’ claims for innovator liability and against pharmacies and other retailers had
Latest Report from the Front
We’ve already provided two “reports from the front” about how the federal government is faring in False Claims Act cases where it has moved to dismiss actions over the objections of the relators supposedly pursuing recovery in the government’s name. Here’s a third one, about Polansky v. Executive Health Resources, Inc., ___ F.4th ___,
Guest post – South Carolina and the Learned Intermediary Doctrine: In the Red Zone, But Not Over the Goal Line
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