Sometimes the DDL blog is ahead of the curve. On more than one occasion we’ve advanced the idea that lack of personal jurisdiction should be a good defense to innovator liability in a post-BMS world. After all, BMS held that there was no specific jurisdiction over a plaintiff’s claim just because the defendant allegedly
The DDL Blog has paid only sporadic attention to prescription medical product liability in the European Union, with a couple of posts, here and here. Today, however, we discuss an EU Court of Justice (“E.C.J.”) Advocate General’s opinion concerning medical device product liability, and specifically the extent to which a plaintiff from one of
Bexis was researching an off-label use issue recently and came across a couple of interesting duty cases that happened to appear, back-to-back, in his search results.
The first case, Howard v. Replogle, 450 P.3d 866 (Mont. 2019), grabbed our attention first because in involved instrumented spinal fusion and off-label use. No, it wasn’t an
Yesterday, Bexis was staring at a weather forecast featuring rain, snow, and freezing temperatures: In other words, a perfect day for sitting inside and finalizing PowerPoint slides further analyzing the worst cases and the best cases of 2019.
As a friendly reminder to our loyal readers, this Friday, January 24 at 12 p.m. EST, four
Over the past few weeks, our loyal readers have descended into the “Stygian Depths” and then climbed to the “Elysian Fields” with us as we reviewed the 10 worst and 10 best cases of 2019.
If you found yourself wanting more information on these cases and their impact – perhaps with
Early on in law school we were taught the virtues of alternate pleading. Different theories against the same defendant, or different theories against different defendants, were perfectly acceptable even if inconsistent.
There is something counterintuitive about that. It seems to lift the veil in front of the law, revealing it to be an opportunistic enterprise
We appreciate the emails in support of the position we took in our October 14 post on Apportionment Misadventures that we have received from ALI members. We have just reviewed “Council Draft No. 6,” (we can’t link to it as per ALI guidelines) and are pleased to report that the section we criticized has been
We write today fresh from a short cruise to celebrate a milestone birthday of the Drug and Device Law Dowager Countess. We view cruising, and the limitations of its inevitable confinement, as the perfect antidote to the often-unrelieved breakneck pace of our daily lives. And this cruise was no exception. We eschewed shore excursions in
Reed Smith’s annual Life Sciences CLE Day will be presented this year, live in Reed Smith’s Philadelphia office and via videoconference to our Pittsburgh office on Thursday, November 7. This is a free, full-day CLE program designed for in-house counsel at life sciences companies.
Bexis will be covering “That Was the Year That Was: Progress
Today is John Winston Lennon’s birthday. He would have turned 79 on this date but for a truly crazed assassin. Imagine stalking someone because of Catcher in the Rye! Lennon wrote many marvelous songs (we especially like his early stuff, such as “Hard Day’s Night,” “If I Fell,” and “Help”). But since this is the