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Whenever we learn about the entry of a Lone Pine order, we take the opportunity to extoll the virtues of Lore v. Lone Pine Corp., 1986 WL 637507 (N.J. Sup. Ct. Nov. 18, 1986) in which a New Jersey state court judge ordered plaintiffs to offer proof connecting the defendant’s product to the plaintiff’s alleged…

We have written before about the virtues of Lone Pine orders, which require plaintiffs to produce elementary evidence supporting their claims, usually some prima face evidence of exposure, injury, and causation. These orders provide an excellent tool to eliminate the cases filed in any mass tort by people just hoping to cash in without having…

You may have read in the legal or mainstream press that the Fifth Circuit rejected challenges to the Vioxx Master Settlement Agreement. In re Vioxx Products Liability Litigation, 2010 WL 2802352 (5th Cir. July 16, 2010). That’s all well and good, but what really interested us was not given significant play in the media,…

We posted last week about the Lone Pine order entered in the Celebrex litigation, and we received a few responses to that post.
Then we saw the letter from six drug companies to FASB, about which we posted on Friday.
The combination of those two things got us to thinking.
And if we’ve bothered…

We were pleased to see that Judge Breyer has entered a so-called “Lone Pine” order in the Celebrex multidistrict litigation. Here’s a link to the order.
Lone Pine was a New Jersey state court case in which the judge ordered plaintiffs to offer proof connecting the defendant’s product to the plaintiff’s alleged injury.…

Not too long ago we researched precedent that forbade persons claiming to be “FDA experts” from opining that products are “adulterated” or “misbranded.”  In that post, we mentioned that this research is a subset of a “general” precedent “precluding expert opinions on questions of law,” which we didn’t get into because Bexis’ book addressed it. …

We’ve discussed our Drug and Device Law Blog elder care duties before and how it has educated us about health issues faced by the senior population.  Shingles is one health risk that increases as you get older.  It is often described as a painful rash, but “painful rash” doesn’t really capture how bad shingles can…

So, another year has passed.  2022 is in the books and the republic still stands, even if Roe v. Wade (and, soon, Twitter) do not.  The COVID-19 pandemic – if not COVID-19 itself, which has instead become endemic – is largely over, except for some probably PREP Act preempted shouting.

For the Blog, the end of the year means that it’s time for our annual celebration of the Drug & Device Law Blog’s top ten decisions of the year.  Some of these cases establish important legal principles, such as preemption, Rule 702 expert exclusion (don’t say Daubert), or the learned intermediary rule.  Others are important because they affect large numbers of cases gathered in the increasingly dysfunctional federal multi-district litigation system.  Some do both.  In either event, these decisions make the legal world at least somewhat less dangerous for our clients and (not incidentally) more favorable for us defense lawyers.Continue Reading The Thrill of Victory – The Ten Best Prescription Drug/Medical Device Decisions of 2022

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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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