Two and half years ago we posted about a favorable California Superior Court ruling in the Risperdal and Invega Product Liability Cases litigation finding plaintiffs’ claims were preempted because there was no newly acquired information on which to base a CBE label change and because the FDA had rejected the proposed label change already. We
Another Court Says No to Cloned Discovery
Just a few months ago we blogged about cloned discovery pointing out that in a world of already asymmetrical discovery burdens on defendants, allowing plaintiffs to magnify that discrepancy by forcing defendants to reproduce discovery from prior cases is an abusive process. We stand by that position and are happy to add to the list
Reasonable Value vs. Collateral Source
Today’s case is about the clash between these two basic rules. Before we get to the rules, we look at how we get there. A standard defense discovery request in any personal injury litigation is: how much are your medical bills? This is routinely followed by: do you have any medical liens, and if so
What Can You Make Out of This?
I can make a hat, a brooch, or a pterodactyl. Of course, that’s a famous line from the movie Airplane! But, it seems to have taken on a new meaning now that we aren’t out and about like we use to be. After work, weekends, before work, lunch hour. All of these used to be
Generic Warning Case Barred by Learned Intermediary Doctrine
Nope, we didn’t bury the lead. Today we are talking about a generic, negligence per se, warnings case that wasn’t decided on preemption grounds. No Mensing. No Buckman. No preemption of any kind. Normally that would make us a little nervous, but no need. It was the learned intermediary doctrine’s day to be
Fifth Circuit Joins the Ranks Permitting Pre-Service Removal
The DDL blog is no friend of the forum defendant rule – the exception to removability of diverse cases. You wouldn’t find us lamenting if it suddenly disappeared because it would take with it busloads of litigation tourists who would no longer have any incentive to sue a forum defendant – often a nominal defendant
Innovator Liability and Personal Jurisdiction – From Theory to Reality
Sometimes the DDL blog is ahead of the curve. On more than one occasion we’ve advanced the idea that lack of personal jurisdiction should be a good defense to innovator liability in a post-BMS world. After all, BMS held that there was no specific jurisdiction over a plaintiff’s claim just because the defendant allegedly
A Gadolinium Sequel
Almost two months ago we posted on the magistrate’s Report and Recommendation in Drescher v. Bracco Diagnostics Inc., 2020 WL 699878 (D. Ariz. Jan. 31, 2020). Back when our co-workers didn’t include furry, four-legged friends. When we weren’t also re-learning high school geometry. And when pajamas and slippers weren’t acceptable work attire. Many things
Too Much Isn’t Enough in California
Isn’t enough for standing that is. And, likely not enough for plaintiff’s case to survive, but that question was left for another day. We’ve done a few posts on “slack fill” which is defined by the FDA as the difference between the capacity of a container and the volume of product inside. Slack fill lawsuits
Medical Device Summary Judgment Win in Florida
We are just going to dive right into it today. Because in a world where the rules and the situation are in such a state of flux and unknown, a little taste of something familiar is reassuring. Such as – no causation, no case. That’s tried and true. Music to our ears every time. So,