t’s cold in New Jersey now. At the time this post hits the blog, it will be about 20 degrees, real feel 15 degrees in most of New Jersey. That’s too cold for this blogger. That’s an extra-large cup of coffee for the ride to work. That’s two-layers of clothing to walk the dog. That’s
Lanham Act Claim Dismissed as Usurping FDA Authority
While the focus of this blog is on product liability cases, we have had occasion to touch upon Lanham Act cases involving litigation between commercial competitors. One reason is because Lanham Act cases provided significant early precedent for the principle that FDA exclusive enforcement powers prohibit plaintiffs from bringing what amount to private FDCA violation
Mensing Applies to Cross-Claims Too
We all know that absent extraordinary circumstances, failure to warn claims against generic drug manufacturers are preempted under PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011). But as far as we are aware, no other court has been asked to decide whether that same preemption applies to cross-claims for contribution or indemnity. Until now.
Malfunction Theory and Medical Malpractice Don’t Mix in Pennsylvania
This post is solely by the non-Reed Smith side of the Blog.
There are lots of great pairings. Bud Abbott and Lou Costello. Paul Simon and Art Garfunkel. Michael Jordan and Scottie Pippen. Michael Scott and Dwight Schrute. Rum and coke. Chocolate and peanut butter. Chocolate and pretzels. Chocolate and strawberries. Chocolate and wine. We
It’s All About Home
It’s pretty easy to find well-known references to home. Home is where the heart is. Home Sweet Home. Homeward Bound. Lassie Come Home. ET phone home. Home is meant to strike up feelings of warmth, safety, happiness. No wonder it’s all over our songs, movies, and television. And, perhaps at no time more so then
Could FDA Warning Letters Be Final Agency Action?
You’ll find any number of places on this blog where we argue emphatically that FDA warning letters are far from final and therefore should not be able to be used in products liability actions. See here for our latest post on the issue (which also collects our other posts). These posts cite case law, FDA
When California Law Doesn’t Apply
We’d like the answer to that question to be – most of the time. But that’s too much to hope for. After all, lawsuits are brought in California. With its plaintiff-friendly laws, indeed, California is an often sought after venue by mass tort products liability plaintiffs. But, according to a recent California appellate court
What a Difference a Year Makes (Or Not)
As we approach the end of the year, we turn to reflecting on the events of the passing year. We do it here on the DDL blog with our best of and worst of posts. It is often a time to consider just how much (or how little) was accomplished in the course of a
Not All California Trial Rulings Are Horrible
Sort of like hail in Alabama. It happens, but when it does it’s an event. Not like say picking a perfect NCAA March Madness bracket (1 in 2.4 trillion). Maybe more like the chance of getting struck by lightning in a lifetime (1 in 13,000). In any case, a California trial court decision finding no
Illinois Court Applies Mensing/Bartlett to Generic OTC Drug
This post is from the non-Reed Smith side of the blog.
If you know this blog, you know we leave no stone unturned when it comes to preemption. As far as we know, Greager v. McNeil-PPC, Inc., 2019 WL 5549524 (N.D. Ill. Oct. 28, 2019) is a preemption issue of first impression. Plaintiff alleged she