Today’s case is not a drug or device case, but a COVID nursing home case. We are not blogging on the underlying substance of the case but rather on plaintiff’s motion to remand after a snap removal. The case – Carroll v. Comprehensive Healthcare Management Services – is pending in the Western District of Pennsylvania.
Defense Experts In; Plaintiffs’ Expert Out in Diabetes Drug MDL
In In re: Onglyza and Kombiglyze XR Products Liability Litigation, MDL 2809, 2022 WL 43244 (E.D. Ken. Jan. 5, 2022), the MDL judge bifurcated discovery into two phases with general causation proceeding first. At the close of expert discovery, plaintiffs move to exclude three defense experts and defendants moved to dismiss one plaintiff expert.
Innovator Liability Not Part of Wisconsin’s Common Law Roots
In the Mid-Atlantic this week, unless your roots run deep – they are frozen. After a balmy sixty degrees on New Year’s Day, we got hit with our first snowstorm of the winter. As did so many, this blogger’s family had to cancel nearly all our holiday plans. So, on what should have been the
New York Consumer Fraud Case Tossed as Improper Private FDCA Cause of Action
We venture a bit outside our normal drug/medical device arena today for a case involving dietary supplements, but you know we cannot resist a case shot down as an attempt to pursue a private FDCA cause of action. It’s a bit like the refrain to The Christmas Song – “although it’s been said many times,
Sometimes the Tea Leaves are Right
A little over a year ago, the Supreme Court heard argument in Ford Motor Co. v. Montana Eight Judicial District Court, 141 S.Ct. 1017 (2021) regarding an issue of personal jurisdiction. At that time, we tried our hand at reading the tea leaves and made this prediction about how the Ford Motor decision might adversely
Eleventh Circuit Certifies Two Learned Intermediary Questions to Alabama Supreme Court
Today’s case is not new to us. A year and a half ago we were extolling the virtues of Blackburn v. Shire U.S., Inc., 2020 WL 2840089 (N.D. Al. June 1, 2020), for granting summary judgment where the testimony from plaintiff and his prescribing physician shot holes in proximate causation too large for a
Plaintiff’s Bad Faith Waives Forum Defendant Rule
Defendants get accused of using snap removals as some sort of nefarious litigation tactic to thwart the forum defendant rule and drive cases into federal court. But all defendants do when they “snap” remove, is follow the law as written. In case you are new to this area of the law, we will stop here
D.N.J. Dismisses Orthopedic Screw & Plate Case – Again
In general, people do not like to have to repeat themselves. It is unavoidable. Sometimes your audience is rightfully (or wrongfully) distracted. Sometimes you aren’t that clear. Sometimes you lose your zoom audio connection and have to start over. Sometimes you don’t notice your daughter’s earbuds are in and that she’s been watching a YouTube
Lack of Alternative Design Thwarts Plaintiff’s Design Claims
The complaint in Robinson v. Ethicon Inc., Action No. H-20-3760 (S.D. Tex.) was filed in 2013. To put that in perspective, Amazon’s first Alexa-enabled device, the Echo, wasn’t on the market. There’s a good chance you weren’t running your phone on 4G yet. And, if you were using earbuds with your phone, you were
Some Positive News from the In re BHR MDL
If you are even a casual reader of this blog, you have probably come upon a post disparaging the rulings coming out of the In re BHR Hip Implant Products Liability Litigation. That court’s PMA preemption opinion made our worst decision list for 2018. It rendered an abysmal decision finding that failure-to-report claims