We refuse to end the year on a bad note, so we’ll talk about a case that’s good – not good enough to make tomorrow’s top-ten list, but good enough to slam the door shut on 2020 with a reasonable amount of cheer.
Vicente v. Johnson & Johnson, 2020 WL 7586907 (D.N.J. Dec. 21,
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
This blogger took last week off – from everything except some sand, the ocean, and drinks with little umbrellas. And books! Books set in the post-Civil War era (The Book of Lost Friends), in post-World War I (The Last Train to Key West), during World War II (The Only Woman
Defendant manufacturers of FDA-approved Class III medical devices generally do pretty well with preemption motions, as our PMA Preemption Score Card (now with well over 500 decisions) demonstrates. Conley v. St. Jude Medical, LLC, ___ F. Supp.3d ___, 2020 WL 5087889 (M.D. Pa. Aug. 28, 2020), is one of these, but some aspects of
We don’t see claims under the Magnuson-Moss Warranty Act, 15 U.S.C. §2301(1) (“MMWA”) much in our prescription medical product sandbox. The MMWA is the federal statute that governs warranties for consumer products, and it was enacted around fifty years ago basically to make warranties more understandable and to limit the use of disclaimers. Thus, if
When times are tough, attempted humor can fall flat. Opinions often add little. Fancy prose and witty turns of phrase count for little. Facts, for those whose preconceived notions allow them to be received as such, matter. The language of statutes—potentially powerful drivers of needed stability or change—should be easy to understand even without reference
Today we bring you the DDL blog version of the “duck test.” The “duck test” goes like this – if it walks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck. When you see a duck swimming in a pond, you don’t normally say: “hey, look
Patchwork is a type of needlework that involves sewing together pieces of fabric into a larger design, usually based on some repeating pattern. The fabric pieces can be different shapes and different colors that are then pieced together. Evidence of patchwork was found in Egyptian tombs. We tend to think of it more in terms
Last week, we found ourselves focusing on spoliation issues in two different cases, one at the front-end (an early case assessment) and one at the back-end (haggling over jury instructions). The Actos spoliation saga has made any sentient defendant antsy about these things. Thus, it is worthwhile to discuss Moore v. Abiomed, Inc., 20
Today’s post looks at a case where a defendant was in the wrong place. You might say the same thing about us. As you read this, we are on summer holiday. Because our vacation almost always takes place, as it does this year, during the Drug and Device Son’s birthday, he has veto power over