Readers of this blog know that we love preemption in all its forms, including preemption based in the Public Readiness and Emergency Preparedness (“PREP”) Act, 42 U.S.C. §247d-6d.
During the COVID-19 pandemic, a needlessly politicized public health emergency, the PREP Act provided important liability protections to health care providers, vaccine manufacturers, and others working hard
On the internet, “because reasons” is the default when you don’t have the time or energy to explain why something is correct, but you are sticking with your viewpoint nonetheless.
It is the opposite of what our profession expects from lawyers and the courts: We all are supposed to explain, with crystalline clarity, why our
In our legal world, Lone Pine is not a small California town near the majestic Mt. Whitney and the sobering Manzanar National Historic Site. It is an order directing plaintiffs to come forward with some evidence that they took, or were exposed to, the product they are suing over, and some evidence about their
When we read the word “Georgia”, we hear it in our heads sung in the voice of the great Ray Charles. Actually, we hear the entirety of the opening lyrics to Georgia on My Mind. Is that just us? Ok, well, anyhoo.
We have been reading a lot about Georgia of late because of
Today’s guest post comes from our Reed Smith colleague Jamie Lanphear on a topic near and dear to the Blog’s heart: The new EU Product Liability Directive. As always, our guest posters deserve 100% of the credit, and any blame, for their posts. But, also as usual, our guest posters deliver the goods, so we
Five years ago, the COVID-19 pandemic had the world twirling off its bearings, but “Zoom” became a verb and that helped some. Video conferencing not only became a way to stay connected to friends and family, it became a lifeline that allowed lawyers to continue to take depositions, appear for oral arguments, and even conduct
It is a truism in product liability matters that plaintiffs love state courts, whereas defense lawyers and our clients much prefer federal court. There are reasons for this. Twombly and Iqbal pleading standards are more rigorous than the pleading standards in many state courts. Federal judges often have fewer cases and more clerks than state
Taking pot shots at “Big Pharma” is easy. Crack a joke about Big Pharma and you are sure to get a laugh. Amirite?
That is not to say there is never a fair point or two to be made about pharmaceutical development or marketing, or health care and the delivery of same in this country.
Last summer, we gleaned the bitter fields of Davidson v. Sprout Foods, Inc., an opinion in which the Ninth Circuit allowed direct private enforcement of Food, Drug, and Cosmetic Act (FDCA) food labeling requirements because the class plaintiff used the fig leaf of California’s Sherman Act to do so. Our post about the Ninth
In this, the Year of Our Lord 2025, that title could apply to so, so, so many things. Soooooo many things.
But this is the Drug and Device Law Blog, product liability is our niche, and what we are referring to is the new, 2024 European Union Product Liability Directive (the “PLD”), also known as