There’s more than one way to cook an egg. And, there’s more than one way to dismiss a case. In Bennett v. Teva, the district court decision was based on preemption. The Third Circuit took a different route basing their dismissal on TwIqbal. While we would have preferred an appellate win on preemption
FDA Safety Communication Not Enough to Support Punitive Damages Claim in New Jersey
Today’s post is actually about a medical malpractice case. But it involves the interplay between an FDA “Safety Communication” and punitive damages, so we thought it was worth looking at.
In Rivera v. Valley Hospital, Inc., 2022 WL 3650726 (NJ Aug. 25, 2022), plaintiff is the representative of the estate of a woman who
No Privity, No Privity Exception — No Warranty in North Carolina
Today is sort of a twofer Tuesday. We have two cases, but only one issue. So, maybe it’s more of a two-for-one deal. There is also one general takeaway – it pays to look at state-specific defenses to state-specific claims. For example, the privity requirements in North Carolina make it extremely difficult to bring a
For Preemption, “Newly Acquired” Does Not Mean “By Plaintiff”
They say the smartest people are the ones who are always learning something new. Those who are open to new ideas and concepts. People who are eager to acquire new information. That’s a great way to live. Long live enlightenment. However, when it comes to federal preemption of a failure to warn claim involving a
Childhood Vaccine Case Gets TwIqballed
Since the Supreme Court decided Bruesewitz v. Wyeth LLC, 562 U.S. 223 (2011), product liability litigation over childhood vaccines is rare but not extinct. As demonstrated by today’s case — Garcia v. Sanofi Pasteur Inc., 2022 U.S. Dist. LEXIS 134330 (E.D. Cal. Jul. 28, 2022). And while the decision does discuss preemption, this
Mismatched Ohio Law Decision Out of PPI MDL
This post is from the non-Reed Smith side of the blog only.
Mismatch your socks – you’re bold. Mismatch your shoes – you’re frazzled. Mismatch plates on a dining table – your creating ambience. Mismatch your pizza with pineapple – well don’t knock it until you’ve tried it. Treat the law like it’s your socks
Food Labeling Claims Get the Boot in Texas
They say everything is bigger in Texas and when it comes to cowboy boots – they are actually correct. Built by Bob “Daddy-O” Wade in 1979, the largest cowboy boots in the world measure 35 feet tall and 33 feet long and purportedly can hold 300,000 gallons of beer. They stand in front of a
ND Alabama Finds Plaintiff’s Shotgun Pleadings a Mortal Sin (and Preempted) (and no Personal Jurisdiction)
While two-fer Tuesday has that nice alliterative ring to it – three-fer Tuesday gives you more bang for your buck. Pleadings, preemption, and personal jurisdiction. Maybe trifecta-Tuesday?
Plaintiff in Froman v. Coopersurgical, Inc., 2022 US Dist LEXIS 120725, *2-3 (N.D.AL Jul. 8, 2022) filed her complaint alleging that she suffered an injury when a
Georgia Dismisses Supplement Case on Primary Jurisdiction Grounds
Today’s case – Smith v. Hi-Tech Pharmaceuticals, Inc., — S.E.2d –, 2022 WL 2285920 (Ga. Ct. App. Jun. 24, 2022 — does not break new ground. But it is a published decision by a state appellate court and for that reason, it deserves some attention.
Plaintiff, a resident of Washington, DC, brought a single
Alternative Designs in Kansas Must be Feasible and Adequate and Effective – Oh My
Perhaps not as menacing as Lions and Tigers and Bears (Oh my) – but feasible, adequate, and effective proved to be too much for plaintiff in Davis v. Johnson & Johnson, 2022 WL 2115075 (Jun. 9, 2022).
It is a remanded pelvic mesh case. On defendant’s motion to exclude certain testimony by plaintiff’s expert, most