How is the Georgia General Assembly like Dr. Seuss’s kind-hearted Horton the Elephant? They both meant what they said and said what they meant. Horton was talking about an elephant’s faithfulness (being 100%). The Georgia General Assembly was talking about requiring that product liability claims be initiated within ten years from “the first sale
Statutes of Repose
A Bed of Their Own Making: Taxotere Claims Held Untimely Under Oregon Statute of Repose

We have frequently reported on plaintiffs’ efforts to salvage untimely claims in the Taxotere MDL. See, for example, here, here, and here. As we explained here, the basic problem for many plaintiffs—who claim that the chemotherapy drug Taxotere caused them permanent hair loss—is how the MDL master complaint defines the plaintiffs’…
No Medical Device Exemptions to Texas Statute of Repose
Montana Enacts Product Liability Tort Reform (And Bans TikTok)

Montana became the first state to ban TikTok this month. You no doubt have seen the press and have read the spirited discussion condemning foreign spies on the one hand and championing First Amendment rights on the other. Litigation has already commenced. But, while all that was developing, you may have overlooked that Montana…
Statute of Repose is the Star of the Show in Tennessee Hip Implant Appeal

The long-planned New York trip is in the books, and it was a smashing success. The Drug and Device Law Dowager Countess (almost 88) was ecstatic throughout, and all of the puzzle pieces meshed seamlessly. We can report that The Music Man is a serviceable revival of a silly, illogical musical (most of our classic…
Fraudulent Concealment Does Not Toll Statue of Repose in Indiana

To borrow from the bartender with the twang and the bouffant at Bob’s Country Bunker, this blog’s got both kinds of medical products liability litigation – drug and device. And, while the difference between country and western music may be lost outside of Kokomo (and presumably Nashville), the difference between drugs and devices, admittedly…
More on Choice Of Law—This Is How It Works

We heard the other day from attorneys involved in the MDL direct filing, choice-of-law case that we wrote about a couple of weeks ago, Looper v. Cook Inc. Engaging in this kind of dialogue is one of the joys of blogging, even when our friends and colleagues write to tell us we got…
Georgia Statute of Repose Knocks Out Failure to Warn Case
Tennessee Statute of Repose Shuts Down Pelvic Mesh Case

On Christmas Eve we blogged about a pelvic mesh case that had the veritable “mixed bag” of rulings. A bad bit in that bag was the court’s ruling that the statute of limitations had not been triggered until a doctor performed a revision operation and told the plaintiff the operation was necessary to address issues…