The long-planned New York trip is in the books, and it was a smashing success. The Drug and Device Law Dowager Countess (almost 88) was ecstatic throughout, and all of the puzzle pieces meshed seamlessly. We can report that The Music Man is a serviceable revival of a silly, illogical musical (most of our classic
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Fraudulent Concealment Does Not Toll Statue of Repose in Indiana
By Michelle Yeary on
To borrow from the bartender with the twang and the bouffant at Bob’s Country Bunker, this blog’s got both kinds of medical products liability litigation – drug and device. And, while the difference between country and western music may be lost outside of Kokomo (and presumably Nashville), the difference between drugs and devices, admittedly…
Georgia Statute of Repose Knocks Out Failure to Warn Case
By Michelle Yeary on
We aren’t going to beat around the bush today – the facts of Paulsen v. Abbott Laboratories, 2021 WL 4439408 (N.D. Ill. Sept. 28, 2021) are straightforward and so too will we be. This case is largely about the chronology, so here it is:
- Plaintiff gets injections of the drug in February and March
…
Tennessee Statute of Repose Shuts Down Pelvic Mesh Case
By Stephen McConnell on
On Christmas Eve we blogged about a pelvic mesh case that had the veritable “mixed bag” of rulings. A bad bit in that bag was the court’s ruling that the statute of limitations had not been triggered until a doctor performed a revision operation and told the plaintiff the operation was necessary to address issues…
Putting Some Teeth In Repose
By Eric Alexander on
We start with a disclaimer: The following metaphorical exercise is somewhat forced, but we are doing it anyway. If you are like us, then you are a few months in on a pattern of only buying groceries every week or so, perhaps supplemented by bulk deliveries of meat or seafood that you may need to…
It’s “Hip” to Be Timely: Plaintiff’s Hip Implant Claims Barred by Texas’s Fifteen-Year Statute of Repose
By Rachel B. Weil on
We just saw a commercial with the tag line, “Life is messy. Clean it up.” It’s true – life is messy, sometimes gloriously so. Rules get broken, scripts get torn up, best-laid plans are tossed aside by the winds of fortune. That’s why we like statutes of repose. They are bulwarks in a system in…
Statute of Repose Bars Suit in Biomet Hip Implant MDL.
By Rachel B. Weil on
We just returned from a four-night cruise that included a stop in Havana, Cuba. We won’t bore you with too many details about the dinner tablemate who proclaimed, “Let’s kill all the lawyers,” when we told her what we do for a living. And who commented, when we talked about an onboard trivia contest, “Well,…
Guest Post – Statutes of Repose: A 50 State Overview of This Powerful Defense That Every Defense Counsel Should Understand – Learn The Lessons of Purple Haze
By Bexis on
What follows is a rather involved guest post by Reed Smith‘s Kevin Hara. Actually, Kevin has contributed enough to the Blog over the last couple of years that he’s more of a crypto-blogger than a guest. Instead of the more common case-specific post, Kevin has put together his own 50-state survey on state…
Georgia, Tennessee, and Texas Statutes of Repose Limit IVC Filter Cases in Different Ways
By Stephen McConnell on
In the annals of history, June 6 gets prime billing. That’s understandable, because the successful Normandy landings on D-Day (June 6, 1944), probably saved Western Civilization. (Or maybe that heroic endeavor simply preserved liberal democracy for another 75 years, now that we seem encircled by fanatics both home and abroad who view the Enlightenment…
Judge Posner on conflicts of law, statutes of repose and limitations, and forum non conveniens
By dwalk on
On Friday, Judge Posner issued an interesting opinion in Chang v. Baxter Healthcare Corp., No. 09-2280 (7th Cir. March 26, 2010). The opinion affirms the dismissal on statute of limitations and forum non conveniens grounds of claims brought against U.S. companies by plaintiffs from Taiwan. Along the way, Judge Posner has some interesting things…