Way back in September 2012, we—in its Blog-specific veiled singular usage—did our first post. We introduced ourselves with some rare first personal singular statements before proceeding to trash a Louisiana intermediate appellate court’s affirmance of a large verdict under Louisiana’s Medical Assistance Programs Integrity Law. Among our criticisms was the lack of detail on
Warnings
One Weird Old Trick For Docket Management
Florida courts are handling a lot of lawsuits. Lots and lots of lawsuits, and for a convergence of reasons. Backlogs from pandemic-related closures and delays. The highest per capita rate of federal court personal injury cases in the country by some measures. Claims over last year’s Category 4 Hurricane Ian. Recent tort law changes…
This Failure-to-Warn Decision Isn’t Just Cosmetic
We defend drug and device manufacturers. Our cases involve drugs and devices. Not surprisingly, we tend to cite drug and device decisions. But there is no reason to ignore helpful decisions arising in other contexts. The case we report on today—Jimenez v. Holiday CVS, LLC, 2023 WL 4251176 (S.D. Fla. 2023)—is such a…
Pro Se Plaintiff Twiqballed in D. Conn., But Claim Would Have Failed Anyway
We are back “stateside,” after a trip to London and Florence. We loved both, especially the Tower of London, Highclere Castle (used for the filming of Downton Abbey – how very cool to walk through the rooms we watched with such pleasure for six seasons) and, of course, the breathtaking David. But this is pretty…
Failure to Test Claim Dismissed in Texas
A little less than three years ago we posted about a decision by a federal court in Pennsylvania that twisted Texas and Supreme Court precedent to find an independent claim for failure to test under Texas law. So, we could not resist blogging about a Texas court reaching the exact opposite conclusion.
Earlier this year…
New York Federal Court Dismisses Medical Device Design Defect, Manufacturing Defect, and Warning Claims
By the time of a Fourth Amended Complaint, a plaintiff is bound to get things right, right? Wrong. In Greenwood v. Arthrex, Inc. et al., 2023 WL 3570436,(W.D.N.Y. May 19, 2023), the plaintiff claimed that a medical device burned her during surgery. She filed one, two, three, four, and, ultimately, five complaints under New…
North Carolina Court Dismisses Surgical Stapler Lawsuit
A plaintiff lawyer recently filed a case against our client in North Carolina. He has made a settlement demand that any rational observer would regard as ambitious to the point of outrageous. Despite that crazy number, we are on fairly friendly terms with the plaintiff lawyer. We jawbone at each other in a generally good…
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…
Pretty Potent Mix In A Prescription Painkiller Preemption Decision
If we have said it once, we have said it a hundred times: medical product manufacturers are not insurers of their products. Almost as frequently uttered would be that strict liability is not the same thing as absolute liability. In the show position might be that the temporal relationship between a new medical condition and…
C.D. Cal. Dismisses Pacemaker Case
Last week we saw an article on a baseball website about batters who, through umpire forgetfulness or whatever, were not called out until strike four. Then we read Comatov v. Medtronic, Inc., 2023 WL 2922830 (C.D. Cal. March 16, 2023), in which the court did not call a complete and final stop (like what the teenagers…