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Eleventh Circuit Finds Difference of Opinion Not Enough for an FCA Claim
Today’s case doesn’t involve prescription drugs or medical devices. But it is a circuit court opinion that we thought warranted bringing to the attention of our readers who deal with False Claims Act (“FCA”) claims. We’ve discussed FCA claims as an “awkward vehicle” in pharmaceutical cases here and we hold true to that belief. But,
Court Tosses Cookie Cutter Allegations
One size does not in fact fit all. Cookie cutters are great for ensuring uniformity. The type of uniformity you want on a beautiful dessert tray. Uniform size, shape, and color appeal to the eye. It’s precise. It’s inviting. And while the term “mass tort” may conjure up the image of complaint after complaint stamped
Georgia Court Makes Short Work of PMA Medical Device Case
This post is from the non-Reed Smith side of the blog.
It’s not a long decision – but there’s still a lot to it. Maybe that’s because there wasn’t a lot to plaintiff’s complaint. Regardless, Sharp v. St. Jude Medical, S.C., Inc., 2019 WL 3821895 (N.D.GA Aug. 14, 2019) makes some key defense rulings.
Tenth Circuit Finally Shuts the Door Completely on Cerveny
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