Ever since we reviewed the Environmental Protection Administration’s (“EPA”) 2019 decision reaffirming its prior conclusion that glyphosate does not cause cancer and, therefore, the “Roundup” herbicide did not warrant any cancer warnings, we have been convinced that state-law claims demanding such warnings were (or should be) preempted – regardless of how pro-plaintiff decisions might seek
Gadolinium is a heavy metal. Sounds ominous. But it is also the active component in contrast agents used in more than 100 million MRI procedures — and its accumulated safety record is, in the words of plaintiff’s own literature, “extraordinarily positive.” Combs v. Bayer AG, 2026 WL 1693470, at *11 n.19 (Okla. App. Ct.
A few weeks ago, we found ourselves underwhelmed by the court’s Rule 702 rulings in the Covidien Hernia Mesh MDL. Today, we can say much the same thing about its summary judgment decision. In In re: Covidien Hernia Mesh Products Liability Litigation No. II, 2026 WL 1555914 (D. Mass. June 2, 2026), the
Is there a difference between a product manufacturer and a product seller when it comes to product liability? There is in Georgia, and the Georgia Court of Appeals’ recent opinion in Taylor v. Mood Rite, LLC, 2026 Ga. App. LEXIS 240 (Ga. Ct. App. May 15, 2026), underscores that point. An entity that merely
If Rule 702 is supposed to keep unreliable expert opinions out, this decision raises a fair question: how many gaps are too many? In In re Covidien Hernia Mesh Products Liability Litigation, 2026 WL 1129617 (D. Mass. Apr. 27, 2026), the court considered a familiar lineup of expert opinions—general causation, specific causation, alternative design
The latest medical device express preemption decision, Wieder v. Advanced Bionics LLC, 2026 U.S. Dist. LEXIS 70645, 2026 WL 880370 (S.D.N.Y. Mar. 31, 2026), comes out of the Southern District of New York and involves a Class III, PMA‑approved cochlear implant.
Fluid allegedly worked its way into the device and caused a short‑circuit and device
This post comes from the non-RS side of the Blog.
Prescription medications for psychiatric conditions fill an important role in modern healthcare. They tend to have labels with lots of information about the risks of various emotional, psychological, and neuroreceptor-mediated conditions, including worsening of the underlying conditions being treated, interactions with other medications or substances
Scott v. Amazon.com, Inc., ___ P.3d ___, 2026 WL 468578 (Wash. Feb. 19, 2026), is one of those decisions that makes us go hmmm. Here’s why.
Scott involves very unfortunate facts, four people who, in separate incidents, committed suicide using the same chemical, which they all allegedly purchased using the defendant’s online sales
When we last checked in on the Taxotere MDL back in January, we described the court’s brand and generic preemption rulings as chronological, not contradictory. At the time, that seemed like the most charitable reading.
The court had concluded that certain medical literature—the 2003 and 2006 studies—qualified as “newly acquired information” for the brand manufacturer
This post is from the non-Butler Snow side of the blog.
Back in November, we told you the court in the In re Paragard IUD Products Liability Litigation wasn’t quite finished with plaintiffs’ effort to impose a post-sale duty to warn on a company that didn’t manufacture, sell, or even own the product when it