Plaintiffs often like to sue in New Jersey, but that does not mean they always get what they want. The California plaintiffs in Serrano v. Campbell Soup Co. sued a beverage company in New Jersey, but the court rejected their New Jersey law claims and left them with only one California claim—and even then, only
We’ve all heard that “what’s good for the goose is good for the gander.” Some of us describe it as “the rule of poultry equivalents.” However you phrase it, we’ve always thought that if a defendant’s insurance is routinely discoverable, a plaintiff’s litigation financing agreement should be as well. Today’s decision from Delaware, Burkhart v. Genworth Financial, Inc., 2024 WL 3888109 (Del. Ch. Aug. 21, 2024), isn’t a pharmaceutical or medical device case, but it is the fourth decision out of the Delaware state courts holding that a plaintiff’s litigation funding agreement is discoverable. The decision adds to some of the positive case law and local rules related to litigation funding that we’ve addressed here, here and here. Continue Reading Litigation Funding Agreements Discoverable in Delaware
As regular blog readers know, we love a clean grant of a motion to dismiss on preemption grounds. They are relatively common, so it sometimes puzzles us that the plaintiffs’ bar keeps filing plainly preempted claims.
Perhaps some of these plainly preempted lawsuits get filed because the express preemption provision of the FDCA related to
We brought you yesterday an example of a district court using Rule 23(d) to order a curative action vis-à-vis a putative class, but not in a good way. In that case, a medical device manufacturer initiated a recall of certain lots and published recall information for patients, in coordination with the FDA. Some enterprising plaintiffs’
We have spilled a good deal of ink on the Valsartan MDL. The back-end of the blog says 18 posts (and counting) already reference Valsartan. Why so many? Because they usually are so bad. Today’s post is more of the same. Hence the deep sigh.
Today’s Valsartan opinion, In re Valsartan, Losartan, & Irbesartan Products
Some things were never meant to go together. Oil and water. Ice cream and ketchup. Harry Potter and Lord Voldemort (although fans of the books will quickly point out that Boy Who Lived was actually linked inextricably to his arch enemy). Picnics and honey bees. Elected officials and the power to borrow money. You get
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
We continue to scratch our heads over consumer class actions seeking monetary compensation when the customers received exactly what they paid for. We see them from time to time in the pharmaceutical space, where patients claim monetary compensation even though the prescription drugs they used worked like they were supposed to with no adverse reactions.
It’s vacation time for many of our colleagues. Bexis shrewdly commenced a hiking holiday in Kauai, just in time to greet a hurricane. We were less adventurous. For us, it was enough to knock back poutine and ice wine and walk the old city walls in Quebec. There was one excursion to watch the Drug
We have written a lot about personal jurisdiction and class actions, and we have particularly questioned how, after BMS, anyone could proceed with a nationwide class action applying state law in a forum where there is no general personal jurisdiction over the defendant. We are not the only ones posing this question, but as