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Lawyers like to grouse about their lot in life. We complain about stress and the things that most contribute to such stress: hard work and unpleasant people. But if you labor long enough in this profession, you end up running into many excellent folks. By “excellent,” we mean brilliant and generous.  We’ve long deployed a…

So learned plaintiff in United States ex rel. Plaintiff v. Novo Nordisk, Inc., 2024 U.S. Dist. LEXIS 174825 (W.D. Wash. Sept. 26, 2024), when the court granted defendant’s two motions to compel obviously relevant documents and information.

Plaintiff relator and intervening plaintiff, the State of Washington, assert False Claims Act (“FCA”) claims against the…

We are unabashedly pro-science.  In our cases, we are usually on the side of good science against bad or no science.  In discussing large-scale product liability litigation, we have said many times how bad science and the risk of attendant litigation can negatively impact the development of new products.  Even if we were so naïve…

It seems like once every couple of weeks, we see a story about some plaintiff (such as this one) suing, or threatening to sue, a defendant product manufacturer over some product that, according to the plaintiff, “the company should have recalled sooner.”

That’s garbage.

There is no such claim.  Rather failure-to-recall theories are…

Today’s guest post is by Sherry Knutson and Brenda Sweet of Tucker Ellis, and concerns the recently passed legislative repeal of a Michigan statute that, for several decades had effectively immunized prescription drugs from ordinary product liability actions under Michigan law. For background, here’s a prior blogpost that focused on the now-repealed statute. As…

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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