Over the past seven weeks we have been sports-starved. Back episodes of The Great British Baking Show do not quite make up for missing the start of baseball season and the NBA and NHL playoffs. But two things have ridden in to the rescue: (1) The Last Dance, the ESPN ten-part documentary about the
D. Conn. Sees Through Contact Lens Lawsuit
Personal jurisdiction seems to be the defense tool du jour in mass torts. The Bauman and BMS SCOTUS cases brought a new dawn. But let’s not forget the biggest hammer in the defense toolbox: preemption. How nice to lay eyes on a case that applies both of these defenses.
Doe v. Bausch & Lomb
Bingeing Behind the Covid Curtain
Happy non-tax day.
A new workplace makes for a new workday. Thanks to the pandemic, the new workplace is home. With the many beckonings of family or chores or television or, most seductive of all, the refrigerator, the workday at home is filled with interruptions. We Big Law drones learned long ago that our jobs
Delaware Court Dismisses Diabetes Drug Case
Some states seem stronger on FDA preemption than SCOTUS was in the Wyeth v. Levine decision. For example, Michigan, New Jersey, and Texas prevent or limit the ability of plaintiffs to sue over an FDA-approved drug, including attacks on the FDA-approved label. See, e.g., Texas Civ. Prac. & Rem. Code Ann. § 82.007. Sometimes
Breast Implant Preemption (the Sequel)
Last week we discussed the Jacob v. Mentor Worldwide, LLC case, in which a pro se plaintiff alleged injuries from breast implants and complained that the manufacturer had inadequately warned of the risks. The claim boiled down to an attack on the FDA-approved labeling of a class III medical device, and that meant it was
M.D. Fla. Holds Breast Implant Claims Preempted
No writer made as strong an impression on us in high school as Albert Camus. The opening of The Stranger is arresting: “Mother died today. Or maybe it was yesterday, I don’t know.” Our teacher pronounced The Plague to be an even better book, and he often quoted the bit about how we had “to
Personal Injury from Mismailed Drugs
Now comes the pathos of social distance. As with many of you, we are working remotely. The pantry shelves are groaning under the weight of so many soup cans. Our only reliable encounter with other humans is with the UPS delivery driver, through a door-glass darkly.
Per our Spring Break plans, right now we should
NDNY Dismisses IVC Failure to Warn and Fraud Claims
Here comes another one of those “mixed bag” cases and, being in the bag for the defense side, we are determined to emphasize our favorite parts of the bag, In O’Neil v. Argon Med. Devices, Inc., 2020 U.S. Dist. LEXIS 26043 (NDNY Feb. 13, 2020), the plaintiff sued because her IVC filter could not
S.D. Fla. Holds that Breast Implant Failure to Warn Claims are Preempted
In Tinkler v. Mentor Worldwide, LLC, 2019 WL 7291239 (S.D. Fla. Dec. 30, 2019), the plaintiff claimed that a breast implant leached chemicals into her tissue, causing a constellation of symptoms known as Breast Implant Illness. Her lawsuit alleged that the manufacturer knew of this danger but failed to warn the implanting surgeon who,
New York Holds that Registration to do Business does not Constitute Consent to General Personal Jurisdiction
When we see a case title with the same name on both sides of the v, we think of Jarndyce v. Jarndyce, the will contest described by Dickens in Bleak House. That fictional case dragged on for years and throughout the course of the book, ending only when legal expenses devoured all the