We’ve noticed a recent uptick in product liability lawsuits brought against over the counter (OTC) and other consumer products. (Shameless plug: we will be on a panel discussing such litigation at ACI in NYC on January 23-24.). These are products that do not require a prescription. Maybe plaintiff lawyers prefer cases without any pesky learned intermediary who
The Fifth Circuit gave the plaintiff in Bruno v. Biomet, Inc., 2023 U.S. Dist. LEXIS 213826 (E.D. La. Dec. 1, 2023) a second chance, but it was short lived. This case had been dismissed on statute of limitations grounds. On appeal, the Fifth Circuit reversed that holding and remanded the case for the district
As we emerge from our fourth month-long trial in a little over two years, we are sure that we have missed some recent legal developments. As good as this Blog is as a source for what is going on in drug and device product liability litigation, you do actually need to read it to absorb
The opening line of Daley v. Mira, Inc., 2023 U.S. Dist. LEXIS 193926 (D. Mass. Oct. 30, 2023), is eye-catching: “Nancy Daley has sued two defendants, alleging claims arising from an eye surgery she underwent in 1986.” Wow. In 1986, we were clerking for Judge Norris out in Los Angeles. Ronald Reagan was President.
Listen to your gut. Follow your instincts. Trust your intuition. Great advice in many situations. Like deciding whether to buy skinny jeans or whether to buy your forever home. Or, when things seem “off” or feel “dangerous.” Or, when your body is trying to tell you something about your health. These are all times to
We have been monitoring litigation involving tenofovir-based HIV medication for some time now. We reported a few weeks ago on oral argument in the California Court of Appeal, where the parties debated a novel “duty to innovate” under California law. We also gave you our view on the 2019 order that many say kickstarted these
We observed oral argument the other day in a case that could have a significant impact on potential liability under California tort law for pharma companies and all other innovators. In Gilead v. Superior Court, No. A165558 (Cal. Ct. App. First Dist.), a panel of the California Court of Appeal is considering whether a
Florida courts are handling a lot of lawsuits. Lots and lots of lawsuits, and for a convergence of reasons. Backlogs from pandemic-related closures and delays. The highest per capita rate of federal court personal injury cases in the country by some measures. Claims over last year’s Category 4 Hurricane Ian. Recent tort law changes
By the time of a Fourth Amended Complaint, a plaintiff is bound to get things right, right? Wrong. In Greenwood v. Arthrex, Inc. et al., 2023 WL 3570436,(W.D.N.Y. May 19, 2023), the plaintiff claimed that a medical device burned her during surgery. She filed one, two, three, four, and, ultimately, five complaints under New
A plaintiff lawyer recently filed a case against our client in North Carolina. He has made a settlement demand that any rational observer would regard as ambitious to the point of outrageous. Despite that crazy number, we are on fairly friendly terms with the plaintiff lawyer. We jawbone at each other in a generally good