We recently blogged about the final chapter (at the district court level, anyway) of the big defense win in the Mirena MDL. The long-overdue result was entry of summary judgment for the defendant against all claims. As the blog also chronicled, the key Mirena decision had been earlier – and was already appealed and
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Double Dose Of Delaware Summary Judgment
There will come a time when there is no such thing as the local radio station. Not only will transmission not occur via radio waves, but there will be nothing local about it. There also may be no banter from the DJ, short for “disc jockey”–a reference to placing flat, round pieces of plastic called…
Two Thumbs Up − The Ten Best Prescription Drug/Medical Device Decisions of 2018
Ending the year on a high note is one thing that the Blog tries to do – with the top ten drug/device product liability decisions of the year. Occasionally, a court will do something that ruins the party, with an eleventh-hour awful decision (the infamous Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir.…
Rotten Tomatoes − The Worst Prescription Drug/Medical Device Decisions of 2018
When we’re trying to decide whether to see a movie, one place we turn for advice is the Rotten Tomatoes website. We visited the site recently to see what those purveyors of overripe fruit had to say about “The Favourite,” which attracted our attention with an interesting trailer that preceded “The Crimes…
C.D. Cal. Dismisses Lexapro Suicide Case
The toughest thing about defending product liability cases is the occasional immersion in human misery. Securities and antitrust cases pose intellectual challenges but they are, in the end, pretty much about money. By contrast, the plaintiffs in our cases are claiming injuries to their bodies, not just their wallets. Sometimes those alleged injuries are phony…
The Blog’s Personal Jurisdiction Resources
We’ve heard that we should welcome some new subscribers, who aren’t that interested in drug and device litigation, per se, but have been attracted by our coverage of personal jurisdiction issues relating to tort litigation generally. Thanks for joining. Here is a brief description of our available personal jurisdiction resources.
First, we maintain a personal…
Some Ideas About Innovator Liability
Once again we find ourselves in the position of creating new defenses to a novel, plaintiff-side cause of action. This time, we’ve been doing a lot of thinking about innovator liability – the theory that would hold branded manufacturers liable for injuries allegedly caused by the ingestion of (preemption-immune) generic drugs on some kind of…
The Highs − Celebrating the Ten Best Prescription Drug/Medical Device Decisions of 2017
Ending the year on a high note is one thing that the blog tries to do – with the top ten drug/device product liability decisions of the year. Occasionally, a court will do something that ruins the party, with an eleventh-hour awful decision (the infamous Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir.…
Michigan Strikes Back . . . In Pennsylvania
A (relatively) long time ago in a state not so far away, the Michigan Legislature enacted the Michigan Product Liability Act. It contained a provision providing the manufacturers of FDA-approved drugs with immunity from product liability absent the application of two narrow exceptions. A challenge to the constitutionality of the provision soon followed and the…
Staying The Course In A Mississippi Drug Case
Defense hacks. Homers. Biased. These are just a few of the labels we have applied to the authors of this Blog. While we recognize our leanings and strive to offer something more than just cheering a decision for the defense and jeering a decision for the plaintiff, we do see some cases as…