We’ve used the term one-two punch to refer to a couple different situations – Daubert wins followed by the grant of summary judgment; Mensing preemption for generic manufacturers and no innovator liability for brand manufacturers. And we’re going to dust it off again today to refer to Couturier v. Bard Peripheral Vascular, Inc., —
This blogger took last week off. Not just from blogging, but from the confines of home and office – which are still one and the same. During those five days of much needed sun and sea, we had a friend stay at the house to watch the dog. Our dog/house sitter cleared out before we
Outside of the law, if you hear “R&R,” you might think of “rest and relaxation” or the original military term “rest and recuperation.” For many of us, the last year has had plenty of rest, but maybe not much true relaxation or recuperation. As in-person trials are set and the world inches toward a “return
It is starting to feel like spring. For those with a poetic or philosophical bent, spring may bring thoughts of renewal and the cyclical rhythms of the planet, among other things. For those interested in more practical things, perhaps the need to do a spring cleaning or plan for some plantings outside. Clutter does have
Today’s case, Knudsen v. Ethicon, Inc., 2021 WL 390825 (M.D. Fla. 2021), involves product-liability claims against a surgical-mesh manufacturer. In a short decision, the court dismissed manufacturing-defect and implied-warranty claims as inadequately pleaded under Michigan law. Although not fully developed, the court’s reasons for dismissing the claims exhibit both insight into manufacturing-defect claims and
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