The Northern District of California did not mince words in its opinion in Rodman v. Otsuka America Pharmaceutical, Inc., 2020 WL 2525032 (N.D. Cal. May 18, 2020) and so neither will we. Plaintiff had three theories of failure to warn and a design defect claim and they all failed in grand fashion due in
Two and half years ago we posted about a favorable California Superior Court ruling in the Risperdal and Invega Product Liability Cases litigation finding plaintiffs’ claims were preempted because there was no newly acquired information on which to base a CBE label change and because the FDA had rejected the proposed label change already. We
“Remembrance of things past is not necessarily the remembrance of things as they were.” – Proust
The lesson of today’s case, Racies v. Quincy Biosciences, LLC, 2020 WL 2113852 (N.D. Cal. May 4, 2020), is worth remembering. Litigation can turn on recollections, and they can be fragile. (That is undoubtedly why documents end up
Are moisturizing lotions cosmetics or drugs? They say on TV that lotions “lift and moisturize,” but does that move them into the “Drug” column of the “Food Drug and Cosmetic” ledger? We will hazard a guess that lotions are usually cosmetics, but what if the manufacturer adds an SPF factor? We would then say that
Sometimes the DDL blog is ahead of the curve. On more than one occasion we’ve advanced the idea that lack of personal jurisdiction should be a good defense to innovator liability in a post-BMS world. After all, BMS held that there was no specific jurisdiction over a plaintiff’s claim just because the defendant allegedly
Isn’t enough for standing that is. And, likely not enough for plaintiff’s case to survive, but that question was left for another day. We’ve done a few posts on “slack fill” which is defined by the FDA as the difference between the capacity of a container and the volume of product inside. Slack fill lawsuits
We were going back through some old cases the other day and came across a gem from our hometown court right here in in San Francisco. It caught our eye because it deals with an angle of federal preemption on which we have written before and which we think is underappreciated, so we’re going to
We don’t often write about statutes of limitations because the cases tend to be fact bound and not all that illuminating on larger points of law and/or practice. However, a case in California struck a chord with us recently because it highlights a point that we think every litigator should understand: Tolling agreements should not
We’d like the answer to that question to be – most of the time. But that’s too much to hope for. After all, lawsuits are brought in California. With its plaintiff-friendly laws, indeed, California is an often sought after venue by mass tort products liability plaintiffs. But, according to a recent California appellate court
We have always wondered why judges are hesitant to sever the claims of plaintiffs who never should have joined their claims together in the first place. You know what we mean—multiple plaintiffs, sometimes dozens of them, who join their claims together in one complaint based only on the allegation that they used the same or