Substantive Law:

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 – 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)

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)

Warnings – Failure to warn governmental entities (3/5/2018)

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)

Online Appellate Judicial Websites – where to get online opinions from federal and state appellate courts (4/29/10)

Personal Jurisdiction – Jurisdiction through registration to do business (12/18/17)

Removal – Pre-service removal (10/1/09) and again (5/26/11)