Plaintiffs tend to assert a bunch of different claims. For prescription medical device cases, setting aside preemption, our experience is that plaintiffs do best—that is, avoid summary judgment and directed verdict—with design defect (strict liability or negligence) claims. One reason for that is that it tends not to be hard to make up some theory,
We are just going to dive right into it today. Because in a world where the rules and the situation are in such a state of flux and unknown, a little taste of something familiar is reassuring. Such as – no causation, no case. That’s tried and true. Music to our ears every time. So,
Finally, some good news out of California – at least when personal jurisdiction isn’t the issue.
Design and warning defects were the questions presented in Trejo v. Johnson & Johnson, ___ Cal. Rptr.3d ___, 2017 WL 2825803 (Cal. App. June 30, 2017), and the result, particularly on the design side, was much more to