Substantive Law:
Causation – Expert testimony requirement (8/12/19)
Causation – Heeding presumption (11/7/14)
Causation – Physician failure to read warnings (10/28/11) and (10/17/13) – this second one is updated
Comment k/Unavoidably Unsafe Product – How states have applied Restatement §402A, comment k (10/8/08) and (4/28/11)
Comment k/Unavoidably Unsafe Product – Medical devices (5/29/18)
Comment k/Unavoidably Unsafe Product – Non-implanted medical devices (8/4/17)
Consumer Fraud – Extraterritoriality rejected (9/13/07)
Consumer Fraud – Learned intermediary rule (10/10/16)
Consumer Fraud – Recovery of damages for personal injury (4/15/11)
Duty – Corporate credo (11/18/16)
Duty to Recall – States rejecting duty (8/11/11)
Duty to Report (3/5/18) and again, comprehensively (5/10/21)
Fraud on the Market – Cases rejecting fraud on the market causation theories outside of the federal securities law context (1/25/10)
Hospitals – Strict liability (11/16/12)
Innovator Liability (7/18/14) (updated)
Innovator Liability – Analogous bare metal defense (1/8/15)
Learned Intermediary Rule – Applicability to exempt pharmacists from liability (2/24/11)
Learned Intermediary Rule − Consumer fraud (10/10/16)
Learned Intermediary Rule – Financial ties as purported exception (8/3/17)
Learned Intermediary Rule – Medical device cases (7/10/08)
Learned Intermediary Rule – States adopting it by level of court (7/5/07 – occasionally updated), and again (6/2/11)
Market Share Liability – Who has it, who doesn’t (7/15/10)
Medical Monitoring – Who has it, who doesn’t (4/15/09)
Misuse – In pari delicto defense (8/23/07)
Nuisance – Municipal cost recovery rule (5/3/07)
Preemption – Embedded fraud on the FDA claims (9/3/09)
Product Liability – Adoption of the Restatement (Third) of Torts, Products Liability §2 (9/10/10)
Punitive Damages – Adoption of one to one ratio in large-damage cases (8/18/11)
Punitive Damages – How much increase in risk is necessary (11/9/15)
State Of The Art Defense – Precedent applying defense in prescription drug/medical device litigation (3/20/09)
Statutes of Repose (7/16/18)
Warnings – Failure to warn governmental entities (3/5/18)
Procedural law:
Discovery – Informal physician interviews, who allows them and who doesn’t (12/18/08 – sometimes updated), and here (8/16/07)
Expert Witnesses – Whether defense experts, because defendants do not bear the burden of proof, must testify to a reasonable degree of medical certainty (8/4/11)
Limitation of Actions – Savings statutes (10/18/18)
Personal Jurisdiction – Jurisdiction through registration to do business (12/18/17) and again (11/5/18)
Removal – Pre-service removal (10/1/09) and again (5/26/11), and yet again (8/17/18)