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
If At First You Don’t Succeed – Incretin State Court Edition
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.
First Circuit Closes Front and Back Door on Massachusetts Pharmacy Liability Case
This blogger took last week off. Not just from blogging, but from the confines of home and office – which are still one and the same. During those five days of much needed sun and sea, we had a friend stay at the house to watch the dog. Our dog/house sitter cleared out before we
N.D. Alabama Delivers One-Two Punch – Part Two
Last week we posted about the Daubert decision in Lowery v. Sanofi-Aventis LLC, that tossed out both plaintiff’s medical causation expert and FDA expert. As promised, that was just the first blow. The knockout came in its companion decision granting summary judgement not just on medical causation but also on the grounds of preemption.
N.D. Alabama Delivers One-Two Punch – Part One
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
S.D. Florida Dismisses Failure to Warn for Lack of Causation
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
Another Strike Against Failure to Report Claims
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
Plaintiff Cannot Escape Prior Pleadings to Avoid Statute of Limitations
Wanke v. Invasix, Inc., 2021 WL 325923 (M.D. Tenn. Feb. 1, 2021) is an interesting and somewhat long story, so we’re just going to give it to you straight.
In June 2017, plaintiff underwent a medical procedure on her face in which defendant’s medical device was used. Her counsel entered into a tolling agreement
New Jersey Dismisses Case Due to No Product Identification
We are six weeks into 2021 and for most, it stills feels a lot like 2020. We are starting to hear about restrictions being lifted or modified to allow for more . . . well more anything. But that’s happening just as almost the entire country is being overwhelmed by a polar vortex. Ice, snow,
MDL Court Predicts Expansion of Illinois Law
We are not going to beat around the bush today. When we see a “prediction” of an “expansion” of state law by a federal court, we have only one question. What about Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938)? That should have been a front and center question for the court