Photo of Michelle Yeary

Last week we brought you both the federal and state court decisions in the Incretin Litigation granting summary judgment on the grounds of preemption.  But that was not the only obstacle in plaintiffs’ way.  Even if the claims were not preempted, plaintiffs’ experts fell woefully short of the mark.  Today we bring you part two

The California state court consolidated Incretin litigation has closely followed its MDL counterpart.  We reported on the trial court’s preemption-based dismissal here.  But, after reporting on the Ninth Circuit’s undoing of the federal dismissal, we opted not to explore the California Court of Appeals decision essentially doing the same thing at the state level. 

It seems fitting that if we are going to talk about a one-two punch, we acknowledge the passing of boxing legend Marvelous Marvin Hagler.  The undisputed middleweight champion from 1980 to 1987 whose boxing career started in Massachusetts but who started out a New Jersey boy.  Only Jersey Understands Jersey!

From New Jersey to Alabama

Today’s case originated in the pelvic mesh MDL pending in the Southern District of West Virginia.  Approximately one year ago, the matter was transferred to plaintiff’s home jurisdiction in Florida.  Accompanying the case upon transfer was defendant’s motion for partial summary judgment on four of plaintiff’s claims.  Plaintiff abandoned three of those claims (strict liability

This time out of Massachusetts.  And in an opinion authored by a female judge.  This isn’t something we would normally take the time to point out, but as we embark on the 39th Women’s History Month, the combination of Massachusetts and a female judge stood out to us.  Afterall, Massachusetts was home to Abigail