Today’s post looks at a case where a defendant was in the wrong place. You might say the same thing about us. As you read this, we are on summer holiday. Because our vacation almost always takes place, as it does this year, during the Drug and Device Son’s birthday, he has veto power over
Offhand, we cannot think of opinions we have blogged on that pleased us more than today’s cases, Jacob v. Mentor Worldwide, LLC, et al., 2019 WL 3500325 (C.D. Cal. Aug. 1, 2019) and Vieira v. Mentor Worldwide, LLC, et al., 2019 WL 3500331 (Aug. 1, 2019). The two decisions are virtually identical and
Did you ever wish there was a way to get a definitive answer to those age-old issues that have been plaguing humans since the beginning of time? Like — is it worse to fail at something or never attempt it in the first place? Or — does nature shape our personalities more than nurture? What
We recently commented on Sumpter v. Allergan, Inc., 2018 WL 4335519 (E.D. Mo. Sept. 11, 2018), for several reasons – all bad – but one stands out, the ruling that used what’s essentially res ipsa loquitur to wave plaintiff through PMA preemption with a manufacturing defect. According to Sumpter:
Plaintiffs allege that, due
We’ll get to today’s case in a moment, but first, a few words about SCOTUS and expiration dates.
This post comes only from the Cozen O’Connor side of the blog.
The MDL court in the Testosterone Replacement Therapy (“TRT”) litigation recently entered summary judgment in favor of a non-US manufacturer that did not distribute in the US, along with its US subsidiary. The judgment ended efforts to hold those two defendants, Besins
This post is from the non-Reed Smith side of the blog.
It may be post Mardi Gras season, but we don’t think there is ever a bad time to embrace the motto – “Laissez les bons temps rouler.” Quite literally – “Let the good times roll.” However, don’t try this with your high school French
Last year’s list of the Ten Worst DDL cases was remarkable because all ten decisions came from appellate courts. Yikes. And it is not as if the bad appellate decisions were spread around. Two came from our home circuit, the Third. Two came from the reliably problematic Ninth Circuit. But the ‘winner’ was the Eleventh
Happy birthday, Christopher Plummer. The great Canadian actor turns 88 today, and seems as vibrant as ever. What a marvelous career Plummer has had. He is a preeminent Shakespearean actor. We saw him play Iago to James Earl Jones’s Othello on Broadway 35 years ago. Of course, most people remember Plummer as Captain Von Trapp
This post is from the non-Reed Smith side of the blog.
Search for Medtronic on this blog and you’re going to find preemption cases. Lots of preemption cases. Mostly preemption victories for the defense. An overwhelming body of preemption law has been made by Medtronic. They’ve certainly led the charge. So, if we say today’s