Did it seem to you in law school that sometimes the hardest part of reading cases was not deciphering some obscure legal principle — say, the difference between larceny by trick and taking under false pretenses, or the Rule in Shelley’s Case, or pretty much anything in Article 9 of the Uniform Commercial Code —
Warranty
W.D. Pa. Dismisses Design Defect Claims with Prejudice Based on Comment k; Dismisses Manufacturing and Warning Claims without Prejudice Based on Pleading Deficiencies

Blair v. Abbvie Inc., 2025 WL. 57198 (W.D. Pa. Jan. 9, 2025), is, from the defense perspective, a favorable opinion dismissing (some with prejudice, some with leave to amend) all counts of the plaintiff’s complaint. The opinion is a bit odd, in a semi, unintentionally-ironic sort of way, because it faults the plaintiff for…
Another Blood and Tissue Statute Win

This has been a big year for blood and tissue statute decisions. Given their subject matter, we’ve previously lamented that the decisions didn’t fall closer to Halloween. While not quite coinciding with our doorbells ringing and handing out candy to the little ones, today’s decision is close enough for a little seasonal digression.Continue Reading Another Blood and Tissue Statute Win
Erie Doctrine Requires Narrow Interpretation of Florida Human Tissue Shield Statute

Adding to the growing favorable precedent concerning state human tissue shield statutes is Heitman v. Aziyo Biologics, Inc., 2024 WL 4019318 (N.D. Fla. Jul. 22, 2024).
The plaintiff alleged that he was infected with tuberculosis from an unfortunately contaminated human tissue allograft that was implanted in his spine during surgery. The plaintiff alleged…
Pennsylvania Federal Court Holds Online Marketplace Has No Duty to Inspect Goods

Although today’s decision involves a medical product, it focuses on an online marketplace rather than a drug or device manufacturer. And by online marketplace we mean the delivery service that has become ubiquitous in almost all of our lives—Amazon. The decision is significant because it finds Amazon, as a shipper rather than a seller, does not have an independent duty to investigate risks of the products it ships.Continue Reading Pennsylvania Federal Court Holds Online Marketplace Has No Duty to Inspect Goods
Cal. Human Tissue Shield Statute Bars Claims for Strict Liability and Breach of Warranty

Lokkart v. Aziyo Biologics, Inc., 2024 U.S. Dist. LEXIS 111265 (C.D. Cal. May 29, 2024), is yet another case arising from the unfortunate contamination of a batch of tissue allograft with a disease. We have written about similar cases before. These cases have consistently produced favorable precedent concerning state human tissue shield statutes (in…
WDNC Dismisses Bone Graft Material Warranty Claims

We don’t get blood shield statute cases very often, but here is one involving a human tissue-based spinal bone graft. In Sherrill v. Spinalgraft Technologies, LLC, et al., 2024 WL 1979452 (W.D.N.C May 3, 2024), the plaintiff had undergone spinal surgery. That surgery included the use of processed bone graft material, which is “made…
Questionable California Cough Medicine Consumer Class Lingers

We have seen a number of consumer fraud class action cases brought over a range of fairly ticky tacky issues about OTC drugs and consumer products. California law and courts have been fairly favorable to these cases, which follow a pattern of a test plaintiff seeking to represent some large class because (s)he claims to…
Rock Solid Surgeon Testimony Leads to Equally Solid Summary Judgment Decision
Barebones Allegations Not Enough to Save Warranty and Fraud Claims in Alabama

We offer today’s case as a good recitation of Alabama warranty and fraud law. Both have precise pleading requirements that plaintiff failed to meet in Morris v. Angiodynamics, Inc., 2024WL 476884 (M.D. Ala. Feb. 7, 2024).
Plaintiff was implanted with a port used to deliver his chemotherapy treatments. About five months after implant, plaintiff…