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,
Seventh Circuit Finds Albrecht Did Not Create a New Rule of Preemption Law
This post is from the non-Reed Smith side of the blog.
It’s been a year and a half since we last talked about Dolin v. GlaxoSmithKline, which is when we posted about the Seventh Circuit overturning the district court and holding that plaintiff’s claims were preempted under Wyeth v. Levine, 555 U.S. 555
Medical Devices – Don’t Call Them Consumer Goods
Today we bring you the DDL blog version of the “duck test.” The “duck test” goes like this – if it walks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck. When you see a duck swimming in a pond, you don’t normally say: “hey, look
Never Too Much of A Good Thing
Well, at least that’s true when we are blogging about defense wins. And this week, we have another good gadolinium case. This time from New York.
Just a quick reminder – gadolinium is a contrast agent that is injected into a patient before undergoing an MRI. The gadolinium is intended to pass through the body,