This year has seen a lot – and most of it would not fall into the positive category. The pandemic; severe wildfires in the U.S. and Australia; record setting tropical storms in the Atlantic; social unrest over police brutality; explosion in Beirut. Unfortunately, we could go on. Even more unfortunate is the fact that all
It’s a case that pre- and post-dates the IVC Filters MDL– Ocasio v. C.R. Bard, Inc., 2020 WL 3288026 (M.D. Fla. Jun. 18, 2020). In fact, this case got through summary judgment and Daubert rulings in Florida before being transferred to the MDL in Arizona in 2015. Upon its return to Florida, only two
. . . .And a few other claims too. But the punitive damages decision jumped out at us as something we don’t see that often. In fact, the court in Nunez v. Coloplast Corp., — F.Supp.3d –, 2020 WL 2561364 (S.D. Fla. May 20, 2020) only had conflicting precedent to go on. But to
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,
In our How Not To Create an “Exception” to the Learned Intermediary Rule post two years ago, we criticized a couple of Texas trial court cases for attempting to create a company compensation exception to the learned intermediary rule, that prior decisions had almost universally rejected. That post includes a comprehensive discussion of nationwide precedent
Court composition matters.
Yesterday, the Florida Supreme Court reversed a ruling from only last year and decided that the legislature was right (or at least within its authority) after all – henceforth the standards created in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), will govern the admissibility of expert testimony in
It can sometimes be difficult for us here at the DDL Blog to address “mixed bag” cases. We are quite clear that we are a defense side blog. Love us or hate us – we don’t pull punches. We hoard and covet preemption and learned intermediary wins and treat each one like the gem that
This post is from the non-Reed Smith side of the blog.
Looking back on the blog, the last time we posted about the Pelvic Mesh MDL was this summer when we lauded a remand judge for not allowing plaintiffs to expand their expert reports to include opinions already excluded by the MDL judge. At that
Implied Preemption. Off-label promotion. TwIqbal. They make up a core of our posts, yet we never seem to tire of them. Maybe our readers, especially interlopers from the other side of the v., tire of reading about them, but we can often find a wrinkle in a case that merits our huzzahs or inspires
This post is from the non-Reed Smith side of the blog.
We understand that illnesses and injuries can be emotional; sometime extremely emotional and rightfully so. We understand that some treatments can add to the stress. We certainly understand that when a treatment results in complications or does not turn out as hoped, an already