If Mallory v. Norfolk Southern Railway Co., slip op. (June 27, 2023), were a prescription medical product case, it would probably qualify as the worst judicial decision since the Blog was created – due to its potential scope. Since it’s not, Wyeth v. Levine, 555 U.S. 555 (2009), retains that title. But because it does not arise from what we do, Mallory is in certain ways worse. Not only does it give free reign to all litigation tourism in Pennsylvania, but it opens the door to any other state potentially to do the same thing.Continue Reading Litigation Tourism Lives – Mallory Reversed
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NPP, DCC, And FDA-Regulated Medical Products
By Eric Alexander on
Politics makes strange bedfellows. So does the law. Weird cases also make weird law. The Supreme Court decision in National Pork Producers Council v. Ross, No. 21–468, — S. Ct. — , 2023 WL 3356528 (U.S. May 11, 2023) (“NPP”), evidences each of those old saws. Deciphering just what the Supreme Court held entails…
Partial Update On Medical Abortion Litigation
By Eric Alexander on
Lawyers really like to be right. This dive into the latest on reproductive rights in the context of challenges to FDA’s regulation of a prescription medication is an instance where we wish we had not been right with some of our predictions. Back when the Dobbs decision had been leaked but not yet issued, we…
Mallory Oral Argument – Litigation Tourists’ Last Stand?
By Bexis on
The Supreme Court’s latest foray into the constitutional thicket of personal jurisdiction, Mallory v. Norfolk Southern Railway, No. 21-1168 – to decide whether states can force corporations to “consent” to general personal jurisdiction via foreign corporation registration statutes − was orally argued on November 8, 2022. The transcript is available here. Since Bexis has been involved (as amicus curiae) in Mallory since the trial court’s favorable decision (which he made sure was on Westlaw and Lexis) was first appealed in Pennsylvania, we thought we’d review the highlights of the oral argument.Continue Reading Mallory Oral Argument – Litigation Tourists’ Last Stand?
Dobbs Would Likely Have Significant Impacts On Drug And Device Companies
By Eric Alexander on
Despite our use of plural pronouns, almost all of our posts come from a single author. We occasionally have guest posts by multiple authors or a post that pairs one of us with a subject matter expert. For this post, however, all seven authors of the Blog are joining together.
We are just simple defense…
New Mexico Rejects Corporate Registration as Basis for Personal Jurisdiction
By Stephen McConnell on
New Mexico calls itself the Land of Enchantment, and with good reason. Carlsbad Caverns, White Sands National Monument, the Albuquerque Balloon Festival, the ski slopes of Taos, and Chaco Culture National Historic Park are all splendid visual treasures. A green chili burger is a lovely work of art. And there is a reason all that…
Law Review Article Critiques Local Government Public Nuisance Suits
By Stephen McConnell on
Perhaps you recall how President Trump campaigned on behalf of “Big Luther” Strange in Alabama. Strange had been appointed by Alabama’s Governor to fill the Alabama United States Senate seat vacated by Jeff Sessions when Sessions became U.S Attorney General. Trump supported Strange’s effort to win election to the seat in his own right for…
Updating Our 50-State Survey on General Jurisdiction by Consent
By Bexis on
Not quite a year ago, we prepared a 50-state survey on the status of claims that a foreign corporation’s compliance with a state’s corporate domestication statutes can be “consent” to general personal jurisdiction. This post went along with one of the DDL Blog’s cheat sheets called the “Post-BMS Personal Jurisdiction Cheat Sheet.”
Because…
The Blog’s Personal Jurisdiction Resources
By Bexis on
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…
General Research
Substantive law:
3D Printing (2/5/15)
Administrative Law –Exclusion of administrative standards that are more lax than legal standards (4/8/10)
Administrative law – No private FDCA right of action (2/18/10)
Artificial Intelligence (7/24/17)
Biomaterials Access Act (8/19/16)
Bulk Suppliers – Liability (11/29/12)
Causation…