We’ve been posting about this case since 2016 when the district court first dismissed plaintiff’s failure to warn claim as preempted on the grounds that there was clear evidence the FDA would have rejected the warning plaintiff sought. We celebrated again in 2017 when the Tenth Circuit affirmed that decision. Since then we’ve been
Clean Sweep of Plaintiffs’ Causation Experts in Gadolinium Litigation
Today we bring you a terrific Daubert defense win. But, we’ll be honest it’s long. Really long. Thorough, but long. So, we’re going to hit the highlights.
The case is Davis v. McKesson Corp., 2019 WL 3532179 (D. Ariz. Aug. 2, 2019). It is a multi-plaintiff case against manufacturers and distributors of gadolinium-based contrast
Fraudulent Joinder and Misjoinder Arguments Prevail in Missouri
Sometimes we find it simply best to start with the facts. The facts of Graham v. Mentor World Wide LLC, 2019 WL 3253185 (E.D. MO Jul. 19, 2019) are:
- In 2000, plaintiff underwent plastic surgery including breast implants.
- Between December 2017 and February 2018, tests showed plaintiff was experiencing silicone leakage from her breast
Remand Court Forces Plaintiff’s Counsel Out of the Shadows
You’ve heard the saying – you can run, but you can’t hide. Well, in Multidistrict Litigation, we could have a saying – you can hide, but only until remand. It’s no secret that in most mass torts, only a handful of cases are in the spotlight. The bellwethers. The intention, usually by all parties
Massachusetts Requires Expert Testimony for Pharmacist Malpractice Claim
We are going to take today’s decision a little out of order because we think the outcome is fairly easily surmised from our title – plaintiff couldn’t sustain his claim because he didn’t have admissible expert testimony. But before we get to the substance of the opinion, at the end the court was called on
How To Get an Answer to a Legal Question – Certify It
Did you ever wish there was a way to get a definitive answer to those age-old issues that have been plaguing humans since the beginning of time? Like — is it worse to fail at something or never attempt it in the first place? Or — does nature shape our personalities more than nurture? What
Pelvic Mesh MDL Slashes Plaintiffs’ Expert’s Fees
We aren’t exactly breaking news by saying experts are extremely important. Even make or break. That’s why everyone – on both sides – want the best. And, in more old news, doctors are expensive. Doctors who serve as experts in complex mass tort litigation can be really expensive. But, based on our opening supposition, we
Welcome to the Preemption Family
If preemption had a family tree, the drug and device branch would be heavy. And, as our scorecards and cheat sheets demonstrate, there are obvious sub-branches that sprouted out of major Supreme Court decisions. We have the Wyeth v. Levine, 555 U.S. 555 (2009) pharmaceutical branch; the Medtronic, Inc. v. Lohr, 518 U.S.
“But For” Personal Jurisdiction
Personal jurisdiction being a key issue for us here at DDL Blog, we’ve talked a lot about the “minimum contacts” needed to establish jurisdiction over an out-of-state defendant. Not many cases, however, analyze the two specific jurisdictional tests for minimum contacts. That’s likely because in most cases, it doesn’t make a difference whether you use
You Can’t Always Get What You Want
The next line of the song goes . . . But if you try sometimes you might find, You get what you need. We like the line. We like the song. We like The Stones. Maybe the Federal Rules Advisory Committee was listening to the tune in 2015 when it decided proportionality needed to be