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Bischoff v. Albertsons Co., 2023 U.S. Dist. LEXIS109367 (SDNY June 26, 2023), is another favorable preemption ruling in the current spate of class action strike suits attacking “rapid release” over-the-counter (OTC) products, here acetaminophen, that were marketed in conformity with FDA regulations.  

The plaintiff claimed that she purchased a generic form of “rapid release”

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It’s unusual when the same defendant wins two unrelated cases involving the same product in the same week – and on the same issue.  But it does happen, and recently, in both Benn v. Medtronic, Inc., 2023 WL 3966000 (D.N.J. June 13, 2023), and Warmoth v. Medtronic, Inc., 2023 WL 3938464 (W.D. Okla. June 9, 2023), express medical device preemption carried the day, in decisions issued only four days apart.

That’s worth a blogpost – and two cheers.  Hip hip!Continue Reading A Preemption Two-Fer

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Each of these cases is significant enough to merit its own post, but since they came down within a week of each other, we’re discussing both of them here.  They are:  Gahl v. Aurora Health Care, Inc. ___ N.W.2d ___, 2023 Wisc. LEXIS 137 (Wis. May 2, 2023), and M.T. v. Walmart Stores, Inc., ___ P.3d ___, 2023 WL 3135662 (Kan. App. April 28, 2023).Continue Reading Two New Appellate COVID-Related Developments

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Last week we saw an article on a baseball website about batters who, through umpire forgetfulness or whatever, were not called out until strike four.  Then we read Comatov v. Medtronic, Inc., 2023 WL 2922830 (C.D. Cal. March 16, 2023), in which the court did not call a complete and final stop (like what the teenagers

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When last we spoke, we were about to deliver our beautiful standard poodle puppy, Luca (registered name Tivin Dreamcatcher), to his show handler, who would trim him and train him and launch his dog show career.  The transfer was accomplished without incident, if you don’t count mommy’s predicable reaction to the separation.  It also included

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When we started seeing a smattering of cases over long-term contraceptive devices used in connection with tubal ligation surgery, we were not surprised.  Plaintiff lawyers have targeted a wide range of contraceptive drugs and devices for decades.  Commentators beyond this Blog have described how this bent affects contraceptive choice and public health.  When we saw