Depending on your age, today’s title may evoke images of Hayley Mills or Lindsay Lohan. We won’t ask you which. It can be your secret. But in an industry where remakes are rarely worth the price of admission, the Parent Trap is a rare exception, and we won’t fault you for liking both. Today’s parent
Michelle Yeary
Yes, Plaintiffs, Medical Records are Necessary!
Plaintiffs in mass tort drug and device litigation do not like to focus on the individual cases. They like to amass the individual cases. They like to file the individual cases. But as we see all too often those filings tend to be indiscriminate and without the benefit of proper early vetting. That is what…
Third Times a Charm for Lone Pine in Taxotere MDL
If at first you don’t succeed . . . re-urge. That’s the word the MDL court used in In re: Taxotere (Docetaxel) Products Liability Litigation, 2024 WL 718698 (E.D. La. Feb. 21, 2024). Defendants urged, re-urged, and again re-urged the court to enter a Lone Pine Order. And after four years of re-urging, the…
Rock Solid Surgeon Testimony Leads to Equally Solid Summary Judgment Decision
This post is not from the Reed Smith or Holland & Knight sides of the blog.
Sometimes the intersection of the law and the facts are simply undeniable. Such was true of the fourth bellwether case selected in the Bard hernia mesh MDL–Bryan v. C.R. Bard, Inc., 2024 WL 385108 (S.D. Ohio Feb.
Barebones Allegations Not Enough to Save Warranty and Fraud Claims in Alabama
We offer today’s case as a good recitation of Alabama warranty and fraud law. Both have precise pleading requirements that plaintiff failed to meet in Morris v. Angiodynamics, Inc., 2024WL 476884 (M.D. Ala. Feb. 7, 2024).
Plaintiff was implanted with a port used to deliver his chemotherapy treatments. About five months after implant, plaintiff…
Beware the One Free Shot
Today’s post is a short cautionary tale about Federal Rule of Civil Procedure 15(a)(1) and plaintiff’s “one free shot” at amending a complaint. That rule provides:
(B) if the pleading is one to…
The Foody Expansion of Nexus We’ve Been Waiting For
Since honoring the Ninth Circuit’s decision in Nexus Pharms., Inc. v. Cent. Admixture Pharm. Servs., Inc., 48 F.4th 1040 (9th Cir. 2022), as being our third best decision of 2022, we have been waiting for (and expecting) a court to apply it to a food labeling case. And now one has –…
Contract Claim Based on Alleged FDCA Violation Held Not Impliedly Preempted
Today’s case is a counterpart to our post a few months ago about a case applying Buckman preemption to a contract dispute where adjudicating the alleged breach would have forced the court to decide FDA regulatory issues. In that case (Thogus Products Co. v. Bleep, LLC, 2023 WL 5607458 (N.D. Ohio 2023)), the…
Shameless Plug — Dechert’s 2024 Life Sciences Day: Navigating Risks in Biotech and Pharma
On February 6, Dechert is proud to host the 2024 Life Sciences Day, an interdisciplinary program designed for in-house counsel, chief officers, and strategic investors. This dynamic half-day event will feature expert panels discussing key issues in the life sciences sector and include speakers from leading pharmaceutical and biotech companies.
Our panelists will…
Plaintiff Can’t Save a Turncoat Expert by Calling Him a Fact Witness
Not long ago we posted about how a turncoat expert witness who switched to the dark side had been precluded from testifying in several cases. We have another case to add to the list – King v. Depuy Orthopaedics Inc., 2023 U.S. Dist. LEXIS 223451 (D. Ariz. Dec. 15, 2013). Only this time, Plaintiff…