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
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
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
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
This post is from the non-Reed Smith side of the blog.
Today’s case – Bernasek v. Gatz, 2021 WL 2152968 (Fla. Cir. May 20, 2021) – doesn’t exactly break new ground. But it does support that all of the federal courts to rule on parallel violation claims under Florida law are getting it right.
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
This post is to update our readers about subsequent developments in matters covered in some of our prior blogposts.
First, slightly over a year ago we praised Gayle v. Pfizer, Inc., 452 F. Supp.3d 78 (S.D.N.Y. 2020), a prescription drug preemption decision holding, among other things, that a plaintiff could not claim “newly
Today’s case originated in the pelvic mesh MDL pending in the Southern District of West Virginia. Approximately one year ago, the matter was transferred to plaintiff’s home jurisdiction in Florida. Accompanying the case upon transfer was defendant’s motion for partial summary judgment on four of plaintiff’s claims. Plaintiff abandoned three of those claims (strict liability
We begin with a cautionary tale (with a happy ending) about life with an aging dog. Our vet estimates that one of our treasured Drug and Device Law Little Rescue Dogs is approaching 14. (We can’t know for sure, because she was found as a stray and dumped in a shelter.) She remains happy and
Today’s guest post is from Wendy Lumish and Daniel Rock of Bowman & Brooke. We sought them out because they wrote a successful amicus curiae brief in the case they discuss. That case is a major win for all Florida defendants, bringing Florida summary judgment practice into the Twenty-First Century. As always our guest