Wanke v. Invasix, Inc., 2021 WL 325923 (M.D. Tenn. Feb. 1, 2021) is an interesting and somewhat long story, so we’re just going to give it to you straight.
In June 2017, plaintiff underwent a medical procedure on her face in which defendant’s medical device was used. Her counsel entered into a tolling agreement
A couple of times in recent weeks we have discussed pelvic mesh cases where a central issue was whether the cases were time-barred by a statute of limitations or repose. (See here and here.) There is a reason why this issue crops up persistently. The pelvic mesh litigation started off as a mass tort
Unlike the Big Guy tonight, we here at the Drug and Device Law Blog do not distribute bags of toys. Throughout this annus horribilis, we’ve handed out plenty of veritable mixed bags. Langner v. Boston Sci. Corp., 2020 U.S. Dist. Lexis 222125 (D. Nebraska Oct. 1, 2020), is another such mixed bag. Langner
We don’t like class action tolling. We don’t think that plaintiffs should be rewarded for filing a meritless class action (or any other meritless act) with a potentially broad and lengthy exemption from the relevant statute of limitations. We particularly don’t like cross-jurisdictional class action tolling, which makes a state’s enforcement of its own statute
Typically, medical malpractice cases are one-offs. A plaintiff may sue her doctor and/or hospital for failing to diagnose a condition or treating it in a suboptimal way. They tend to be highly fact-dependent even if the general subject, like post-operative infection, comes up fairly often within the world of med mal cases. In individual cases,
We don’t often write about statutes of limitations because the cases tend to be fact bound and not all that illuminating on larger points of law and/or practice. However, a case in California struck a chord with us recently because it highlights a point that we think every litigator should understand: Tolling agreements should not
A complaint is a plaintiff’s opening argument. It has to contain enough substance to get plaintiff out of the gate. Plaintiff doesn’t have to necessarily prove anything in his complaint, but he has to have factual support to back up what he hopes to prove. Logically, any fact added to a complaint is intended to
Choice of law analyses are confounding. They involve multi-factor tests and come with histories of decisional law that rarely apply those factors consistently. When you lower the microscope on the details and struggle to find a reliable uniformity, it just isn’t there. It begins to seem as if the only real conclusion to be reached
Anytime we start to write a post about a decision from New York, our heads start swimming in music lyrics. Rose trees never grow in New York City… Concrete jungle where dreams are made of… Living just enough for the city… Soon you will be on Sugar Hill in Harlem… I don’t care if it’s
We did a search of the DDL Blog for “continuing violation” and found only one other reference and that was simply to note that the court rejected the theory without explanation. So, it’s not the first time a plaintiff has tried to argue the continuing violation theory to avoid the statute of limitations in a