Delaware

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Photo of Eric Hudson

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

Photo of Susanna Moldoveanu

This post is from the non-Reed Smith, non-Dechert, and non-Holland & Knight side of the blog. 

We have covered the ranitidine litigation before. As we explained in prior posts (including here and here), plaintiffs allege that ranitidine, the active ingredient in Zantac, breaks down into N-Nitrosodimethylamine (“NDMA”), particularly at higher temperatures.  NDMA is a known carcinogen and a ubiquitous substance present in the environment and in all manner of foods including bacon, beer, and cheese.  Readers will remember that in a sweeping, 341-page opinion, the MDL court cut the head off the federal Zantac litigation by excluding plaintiffs’ experts.  But other parts of the snake keep slithering. Continue Reading Delaware Zantac Court Fails to Keep the Gate

Photo of Lisa Baird

As a defense lawyer, one grows accustomed to clear judicial days on which the state court can foresee forever.  See Thing v. La Chusa, 48 Cal. 3d 644, 668 (1989).  On those clear judicial days, when the court catches a glimpse of the possibility of harm shimmering off in the distance, one can be…

Photo of Eric Alexander

We have been reporting on third party payer/payor (“TPP”) litigation for a long time.  This category covers a range of causes of action and allegations but boils down to boils down to insurance companies or other entities trying to recover amounts they paid for patients to receive medical products because the manufacturers or sellers…

Photo of Andrew Tauber

In today’s case, Chapman v. AstraZeneca, a Delaware state court granted summary judgment to the defendant pharmaceutical manufacturer after excluding the plaintiff’s causation expert under Delaware Rule of Evidence 702 because the expert’s opinion was not “stated in terms of medical probability.”

The plaintiff claimed that the defendant’s proton pump inhibitor, a class of…

Photo of Michelle Yeary

There’s more than one way to cook an egg.  And, there’s more than one way to dismiss a case. In Bennett v. Teva, the district court decision was based on preemption.  The Third Circuit took a different route basing their dismissal on TwIqbal.  While we would have preferred an appellate win on preemption…

Photo of Michelle Yeary

This has been an important concept in the gadolinium litigation and it delivered another preemption win in Javens v. GE Healthcare Inc., 2020 WL 2783581 (D. Del. May 29, 2020).  The changes being effected (“CBE”) label change process has strict limitations on when it can be used to add or amend warnings without prior…

Photo of Steven Boranian

This is a quick-hit post bringing you two first-of-their-kind orders on proving causation in cases alleging inadequate drug or medical device warnings.  In orders applying Georgia’s and Delaware’s versions of the learned intermediary doctrine, two different federal courts have held that a plaintiff alleging inadequate warnings cannot meet his or her burden of proving causation…

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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