The orders denying untimely, post-remand attempts to amend complaints in the Taxotere litigation are piling up, and it doesn’t get old. We recently reported on one such denial in the Northern District of California. In recent weeks, district courts in New York, North Carolina, and Tennessee (among others) have joined in. Today we report on three of those decisions.Continue Reading More Taxotere Remand Courts Deny Untimely Amendments
Solid Discovery Orders in the Northern District of California
This post is from the non-Reed Smith side of the blog.
Today we discuss two discovery orders from a case in the Northern District of California, Lin v. Solta Medical, Inc. In this case, Plaintiff, a California resident, alleged that she was burned by a skin treatment she received in Taiwan with the Thermage CPT device manufactured by Defendant. Plaintiff sought expansive discovery from Defendant while at the same time trying to restrict discovery plainly relevant to her own claims for her damages. The court didn’t buy it.Continue Reading Solid Discovery Orders in the Northern District of California
Lifestyle Discovery Fair Game Where Plaintiff Puts Quality of Life at Issue
They say that in California everybody’s a star. Or maybe, in today’s terms, everybody’s an influencer, has social media, a blog, or—in this case—an autobiography. Today we discuss a discovery dispute in a California federal court that is somewhat unique, but that raises issues we see every day in drug and device cases. Continue Reading Lifestyle Discovery Fair Game Where Plaintiff Puts Quality of Life at Issue
W.D. Wash. Nixes Failure to Warn Claim Under Learned Intermediary Doctrine
For readers noticing the new byline, let me introduce myself. I am Susanna Moldoveanu, and I practice with Butler Snow LLP’s Pharmaceutical, Medical Device and Healthcare group. I am excited to join the Drug & Device Law Blogging Team. The best group of legal wonks there is.
Today we discuss the Western District of Washington’s recent summary judgment order in Dearinger v. Eli Lilly & Co., 2023 WL 8717570 (W.D. Wash. Dec. 18, 2023). A prior opinion in this case earned the top spot on the Blog’s Ten Best Prescription Drug/Medical Device Decisions of 2022. This opinion is short and sweet, but a good one too.Continue Reading W.D. Wash. Nixes Failure to Warn Claim Under Learned Intermediary Doctrine