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Drug & Device Law

The definitive source for intelligent commentary on the law that matters for drug and device product liability cases

Res Judicata

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W.D. Texas Finally Ends Surgical Staple Warranty Claims

By Stephen McConnell on February 5, 2025
Photo of Stephen McConnell

Did it seem to you in law school that sometimes the hardest part of reading cases was not deciphering some obscure legal principle — say, the difference between larceny by trick and taking under false pretenses, or the Rule in Shelley’s Case, or pretty much anything in Article 9 of the Uniform Commercial Code —…

Posted in Res Judicata, Warranty

Res Judicata Bars Second Suit in E.D. La., Notwithstanding “New” Claim

By Rachel B. Weil on January 6, 2023
Photo of Rachel B. Weil

Today we ponder “do-overs,” a timely topic as the House of Representatives struggles, over and over, to elect a speaker.  As we write, the seventh unsuccessful vote has just concluded.  We have learned that the record stands at 22 votes before the beleaguered candidate finally prevailed.  This was in 1820, as John W. Taylor, an…

Posted in Res Judicata

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.
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This blog contains the personal views of the Blogging Team (and of any authors of guest posts) concerning various topics that arise in the defense of pharmaceutical and medical device product liability litigation.

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