Bexis was updating the chapter of his drug and medical device treatise pertaining to, inter alia, punitive damages and came across In re Valsartan, Losartan, & Irbesartan Products Liability Litigation, 2020 WL 8970347 (D.N.J. March 12, 2020).
Consistent with a number of alarmingly pro-plaintiff decisions that we’ve already seen from that MDL,
This post is from the non-Dechert side of the blog.
We previously discussed some favorable motion in limine rulings in the hernia (not pelvic) mesh case, Africano v. Atrium Medical Corp., 2021 WL 4477867 (N.D. Ill. Sept. 30, 2021). They were a welcome change from the appalling MDL choice of law rulings against
Ever since our Bone Screw days, when we used the strategy to great effect, we’ve rooted for defendants undertaking to beat post-MDL remand plaintiffs in guerrilla litigation in numerous courts across the country. The way to do it is twofold: On the one hand the defendant creates litigation uncertainty by hemming the other side in
Bexis has just returned from a week’s vacation in Acadia National Park in Maine. After being rained out for a couple of days due to a stray hurricane, he climbed four mountains in three days – the Precipice Trail up Mt. Champlain; the West Face Cadillac Mountain trail up that mountain, and the Jordan Cliffs/Deer
We’ve griped about multi-plaintiff consolidated trials for years on this blog, both generally, and in the specific context of prescription medical product liability litigation. Now the issue is before the Supreme Court in one of the most grotesque miscarriages of justice that we’ve seen – and several of us practice in Philadelphia – a
We tend to favor a “glass half full” outlook. We are preternaturally sunshiny during our daily “how was your day” calls from the 86-year-old Drug and Device Law Dowager Countess. (We have not mentioned, for example, that our aging dog has begun sleeping most of the day and barking most of the night, resulting in
The decision in In re Bard IVC Filters Products Liability Litigation, 969 F.3d 1067 (9th Cir. 2020) (“Booker”), is yet another reminder that multidistrict litigation as it is currently conducted is a fundamentally flawed process, dedicated more to forcing settlements than to any of the goals envisioned by Congress when it passed
Uncertainty plagues American litigation and accounts for the frequent analogy to a lottery. The same case tried before two different juries will produce two very different results. Within the same jurisdiction, a plaintiff might ring the bell this week, but get zeroed out the next. Factor in different jurisdictions, and the possibilities will wander all
This post comes only from the Cozen O’Connor side of the blog.
If you’re a defendant in a drug or device lawsuit in Arizona court, you have a good chance of avoiding punitive damages. That’s because Arizona has a statute, a good one. It exempts manufacturers, including drug and device manufacturers, from liability for
It’s a case that pre- and post-dates the IVC Filters MDL– Ocasio v. C.R. Bard, Inc., 2020 WL 3288026 (M.D. Fla. Jun. 18, 2020). In fact, this case got through summary judgment and Daubert rulings in Florida before being transferred to the MDL in Arizona in 2015. Upon its return to Florida, only two