Personal Jurisdiction

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Released in 1965 by the Miracles, “The Tracks of My Tears” is ranked by Rolling Stone as the “Greatest Motown Song of All Time.” Smokey Robinson’s lead vocals are pure silk, the harmonies ooze soul, and  the guitar licks and strings tie it all together.  The song and the Miracles helped spread Motown around the globe.  Today’s decision about an artificial tears product won’t stack up against Smokey and the Miracles, but it hits a few chords worth sharing.Continue Reading Tracks of My Tears – Narrowing of Economic Loss Class Claims in Kentucky

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Not too long ago we discussed post-remand Pennsylvania Supreme Court filings in the Mallory personal jurisdiction matter. After reviewing both sides’ filings, we observed: “[U]nless the Pennsylvania Supreme Court in Mallory were to act contrary to the positions of both sides, the DCC issue will be decided promptly, on this appeal.”

Well, that’s exactly what…

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Today we report on Farson v. Coopersurgical, Inc., 2023 WL 5002818 (N.D. Ohio 2023), a product-liability decision that dismissed all claims against all defendants based on lack of personal jurisdiction, preemption, and Twombly.

Claiming that she was injured when an implantable medical device migrated in her body, the plaintiff brought suit in Ohio…

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“To see a world in a grain of sand,
And a Heaven in a wild flower,
Hold infinity in the palm of your hand,
And eternity in an hour.”
– William Blake, Auguries of Innocence

We’ve long been enamored with the idea that sources of insight reside all around us. Before we did drug and…

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Today’s guest post is from friend-of-the-Blog Richard Dean of Tucker Ellis. For years he has been advocating greater defense use of the dormant Commerce Clause, and given the discussion of that constitutional defense in the pivotal Alito concurrence in the recent Mallory v. Norfolk Southern Railway Co., ___ S. Ct. ___, 2023 WL 41877494 (U.S. June 27, 2023), personal jurisdiction decision, he is back again. He’s too nice to say “I told you so,” but he’s earned the right. As always our guest bloggers deserve 100% of the credit, and any blame, for what they write.Continue Reading Guest Post − Let the Dormant Commerce Clause Challenge to Consent Statutes Go Forth

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If Mallory v. Norfolk Southern Railway Co., slip op. (June 27, 2023), were a prescription medical product case, it would probably qualify as the worst judicial decision since the Blog was created – due to its potential scope.  Since it’s not, Wyeth v. Levine, 555 U.S. 555 (2009), retains that title.  But because it does not arise from what we do, Mallory is in certain ways worse.  Not only does it give free reign to all litigation tourism in Pennsylvania, but it opens the door to any other state potentially to do the same thing.Continue Reading Litigation Tourism Lives – Mallory Reversed

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Learn more about this book