Some of us DDL bloggers have admitted to occasionally choosing our subject case based on its length. In theory a shorter case is less complicated, has less to analyze, and takes less time to write up. In theory. In reality, if there is not enough “there” there, drafting a compelling post can require more creative
Search results for: We the Jury
FDA Regulatory Experts: When do they Cross the Line by Instructing the Jury on the Law?
By Stephen McConnell on
When you depose the other side’s expert, there’s always that string of questions where you collect the admissions of non-expertise. “You’re not an expert in x? You’re not an expert in y? You’re not an expert in z?” Etc. Sometimes the expert does some clever fencing. E.g., “What do you mean by expert?” Or worse…
Too Much “Weight Not Admissibility,” But a Good Result, in D. Minn. Mesh Decision
By Rachel B. Weil on
We confess: we spend much too much time on a prominent social media platform. We post way too many pictures of the Drug and Device Little Rescue Dogs. We follow the progress of our impending addition, a Standard Poodle show puppy, currently in utero. We engage in pointless, angry, political debate. And we look at…
The Not-So-Thin Line Between Negligence and Punitive Damages
By Eric Alexander on
In our experience, plaintiffs in product liability cases always seek punitive damages. Even when their claimed injuries are quite modest or their state does not permit punitive damages, they give it a shot. We have had cases with partial summary judgment on punitive damages, with directed verdict on punitive damages, and with jury verdicts for…
Fourth Circuit Upholds Restrictions on Plaintiff Lawyer Advertising in West Virginia
By Michelle Yeary on
We want to start by emphasizing the word restrictions. The law at issue in West Virginia was not a ban on plaintiff lawyer advertising, nor could it be. Since Bates v. State Bar of Arizona, 433 U.S. 350 (1977), the First Amendment’s protection of truthful and non-misleading commercial speech extends to lawyers. Lawyers,…
Not the Best Wisconsin Law Decision We’ve Ever Seen
By Bexis on
A few years ago we did a couple of posts about the learned intermediary decision that arose from the Zimmer Nexgen Knee Implant MDL, and was subsequently affirmed by the Seventh Circuit Court of appeals. We designated the opinion In re Zimmer Nexgen Knee Implant Products Liability Litigation, 218 F. Supp. 3d 700 (N.D.…
We Said It Before; We’ll Say It Again – Drug/Device Companies Should Join PLAC
By Bexis on
We return to a theme we’ve repeated twice before, in 2011 and in 2014 – that in addition to industry-specific groups, manufacturers of prescription medical products should definitely consider joining the Product Liability Advisory Council (“PLAC”). We continue to believe that PLAC membership helps pharmaceutical and medical device defendants litigate stronger (through inter-industry cooperation on…
We Report on FDA-Based Failure-To-Report Claims – A Fifty-State Survey (Part 3)
By Bexis on
Now that all three parts of our 50-state survey examining the state of state law concerning allegations that a defendant can state a common-law cause of action where the allegedly liability creating conduct is failure to make a statutorily mandated report to a governmental agency has been published, we have consolidated all fifty states under…
We Report on FDA-Based Failure-To-Report Claims – A Fifty-State Survey (Part 2)
By Bexis on
Now that all three parts of our 50-state survey examining the state of state law concerning allegations that a defendant can state a common-law cause of action where the allegedly liability creating conduct is failure to make a statutorily mandated report to a governmental agency has been published, we have consolidated all fifty states under…
We Report on FDA-Based Failure-To-Report Claims – A Fifty-State Survey
By Bexis on
Not too long ago we discussed the decision in In re Allergan Biocell Textured Breast Implant Products Liability Litigation, 537 F. Supp.3d 679 (D.N.J. 2021) (“TBI”). TBI addressed quite a few topics, one of which was the first nationwide (or close to it) analysis of whether a given jurisdiction permitted, under state…