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
We may not know much about skin care, but we know a thing or two about labeling claims. Whether for a drug, a device, a food, a cosmetic, or some other product, it is necessary to apply some common sense in determining what is or is not in a product’s labeling should give rise
For at least forty years we’ve been hearing that soccer is going to supplant baseball, basketball, or football among America’s top three sports. It hasn’t happened. Maybe we heirs of Washington, Jefferson, Ruth, Rice, and Chamberlain have limited enthusiasm for one-nil scores and players diving and mimicking death throes in a cheap effort to extract
This post is from the non-Reed Smith side of the blog.
It may be post Mardi Gras season, but we don’t think there is ever a bad time to embrace the motto – “Laissez les bons temps rouler.” Quite literally – “Let the good times roll.” However, don’t try this with your high school French