Given the events of the last eleven months or so, we give ourselves and other legal commentators a preemptive pass for the following situation: you read a case, you think about how you would describe it, and you see that you have described similar cases in a similar way more than once. This could be
Erie Doctrine
Zantac Chronicles – No Innovative, or Innovator, Liability
Several significant decisions have recently emerged from the In re Zantac MDL, No. 2924. We gave you a “bare bones” rundown of the first four of them right away. But now we’d like to discuss them in more detail.
We start with In re Zantac (Ranitidine) Products Liability Litigation, ___ F. Supp.3d…
MDL Court Predicts Expansion of Illinois Law
Zantac Rulings – Bare Bones
This post is from the non-Dechert side of the Blog.
There were four opinions issued in the Zantac MDL on New Years Eve. We would like to tell you all about them, but we have to seek internal client approvals, and that will take time given the number of defendants. They are important, and overwhelmingly…
To Expand Or Not To Expand, That Is A Question That Should Be Posed
Along with Shakespeare’s plays and painfully plodding Victorian novels, there is a good chance that your western high school (or perhaps college) education included at least a smattering of philosophy. The line between political science and philosophy can be hard to draw—Kant, Hobbes, and Rousseau might be featured in classes under either heading, for instance—but…
Federal Court Refuses To Create New Exception To Pennsylvania’s Learned Intermediary Doctrine
There was a time when we posted frequently about attempts to impose liability for injuries allegedly caused by the use of a generic prescription drug. Much of the attention has been directed to trying to pin liability on the company that developed the drug originally, even when the plaintiff took another company’s generic version. When…
Wrong Court and Wrong-er Reasoning − Ignoring 75 Years of Controlling Precedent
The opinion, Schrecengost v. Coloplast Corp., 2019 WL 6465398 (W.D. Pa. Dec. 2, 2019), recently “predicted” that Pennsylvania would allow strict liability design and warning defect claims in cases involving prescription medical products. Id. at *11-13. In so doing Schrecengost was not only wrong, but loud wrong. First, without even a serious discussion, Schrecengost…
Why Erie Is an Inherently Conservative Doctrine
We’ve been backing the proposition that the Erie doctrine concerning federal courts’ prediction of state law precludes courts clothed only with diversity jurisdiction from expanding state tort liability in novel ways since just about the beginning of the Blog. However, our analyses have tended to be forward looking. We typically start with the Supreme Court’s…
Wrong Court
On practically no issue has this Blog been more insistent than on the principle of Erie conservatism when federal courts sitting in diversity undertake to “predict” state tort law. Our posts on this subject go back to 2006. At that time, we said:
In both of these decisions, novel questions of state law, involving
…
Pinnacle Hip – Fifth Circuit Legal Rulings
Sure, it was enjoyable to read In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Product Liability Litigation, ___ F.3d ___, 2018 WL 1954759 (5th Cir. April 25, 2018) (“Pinnacle Hip”), to see plaintiffs’ counsel hoisted on their own petard of improper and prejudicial evidence and arguments. But there’s more to Pinnacle Hip…