The defendants in Mixson v. C.R. Bard, Inc., ___ F. Supp.3d ___, (N.D. Fla. Sept. 16, 2022) (“Mixson I”), and Mixson v. C.R. Bard, Inc., 2022 WL 7581737 (N.D. Fla. Sept. 23, 2022) (“Mixson II”), by no means won everything, but what they won was more important than what they didn’t, so we’re OK with the results.
Florida
No Hospital Strict Liability in Key West (and the rest of Florida too)
Choice of Law Nixes Punitive Damages in Remanded Mesh Case

New Jersey ain’t Florida and vice versa. Obviously, it’s warmer in Florida for more of the year and it never gets cold enough to snow. That could be a pro or a con. Florida has the second longest coastline among U.S. States which gives it a greater opportunity to have more highly rated beaches. But…
Court Allows Fraud and Misrepresentation Claims to Proceed Despite the Learned Intermediary Doctrine

A federal court applying Florida law has refused to dismiss fraud and misrepresentation claims brought by a patient against a medical-device manufacturer, rejecting the manufacturer’s contention that such claims are categorically barred by the learned-intermediary doctrine.
It is perhaps telling that the decision, Pirlein v. Ethicon, Inc., Med. Devices Rep. ¶ 24,799 (S.D. Fla.…
Fla. Ct. of Appeal Refuses to Force Mayo Clinic to Treat Covid Patient with Ivermectin, etc.

Don’t stop us if you’ve heard this before, because we know you have. Plaintiffs cannot compel hospitals to treat Covid-19 patients with ivermectin.
A Florida appellate court recently joined courts in Delaware (we wrote about the Delaware case here), Michigan (here), New York (here), and Texas (here) in…
Court Tosses Claims Against Manufacturer and Distributor of a Generic Drug

Earlier this week a district court dismissed claims brought against the manufacturer and the distributor of a generic drug, holding that all of the claims were preempted by federal law and the several also failed under Florida law. The decision, Hernandez v. Aurobindo Pharma USA, Inc., 2022 WL 204401 (M.D. Fla. 2022), is long…
Florida Fee Fight Fascinates Fiscally Fickle Freelancers

We will not get into the details of why, but we have been thinking recently about the issue of mechanisms for shifting costs and fees. The European “loser pays” rules—into which we will not delve, either—are often cited as one of the reasons why there is so much less product liability and other personal injury…
Causation Prevails to Garner Defendants a Summary Judgment Win in Birmingham Hip MDL

This blog is no stranger to the In re Smith & Nephew Birmingham HIP Resurfacing (BBR) HIP Implant Products Liability Litigation, MDL 2775, pending in the District of Maryland. Nor have we hidden our disregard for several of its decisions, going back to its preemption ruling on defendant’s motion to dismiss which made our…
Door Still Shut to Parallel Violation Claims in Florida
Quasi-Guest Post – Feel the Brr: Cryotherapy Manufacturer Wins in Florida

What follows is another “guest post” by our sixth (actually seventh)-man poster, Dean Balaes. It features litigation that the good guys won the old-fashioned way – with warnings that were adequate as a matter of law. Take it away Dean.
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Legal professionals know all too well that building a healthy and active lifestyle…