The DDL Blog has paid only sporadic attention to prescription medical product liability in the European Union, with a couple of posts, here and here. Today, however, we discuss an EU Court of Justice (“E.C.J.”) Advocate General’s opinion concerning medical device product liability, and specifically the extent to which a plaintiff from one of
International
Guest Post – Supreme Court Resolves Longstanding Hague Convention Service Issue

This guest post comes courtesy of Jonathan Hoffman, a Senior Partner at MB Law Group LLP, in Portland, Oregon. Jon, a long-time member of the Product Liability Advisory Council (“PLAC”), originally circulated a version of this post to PLAC members. Bexis, also a long-time PLAC member, saw it, thought blog readers would be…
DDL Summer Vacation Tripadvisor

To keep the DDL blog up and running even through the dog days of Summer, your trusted correspondents try to stagger their vacations. Bexis recently got back from his typically Hemingway-esque adventure, and now it’s our turn. Unlike Bexis, if we go hiking anywhere, it is more likely in pursuit of beer or chocolate, not…
On Hubris
Alien Tort Claim Certiorari Grant

Back in 2009, we named an Alien Tort Claim case, Abdullahi v. Pfizer, 562 F.3d 163 (2d Cir. 2009), to our “bottom ten” list of the worst cases of the year. We were offended that any court would allow a pharmaceutical company to be prosecuted for irregularities in overseas clinical trials under a law…
Product Liability Comes To Thailand – Drug/Device Implications

Our first ever overseas guest post comes all the way from Thailand, where Douglas Mancill of the Deacons law firm reports on new Thai laws on product liability and their possible impact on/creation of product liability claims involving drugs and medical devices.
Needless to say neither Bexis nor Herrmann had anything to do with the…
Abdullahi v. Pfizer and the Alien Tort Statute

Is that title a mouthful, or what?
On January 30, the Second Circuit decided Abdullahi v. Pfizer, No. 05-4863-cv(L), 05-6768-cv(CON), slip op. (2d Cir. Jan. 30, 2009) (link here). In a nutshell, plaintiffs pleaded that Pfizer, “working in partnership with the Nigerian government, failed to secure the informed consent” of children (or their…
The New Meaning of “Global Coordinating Counsel”

Once upon a time, the phrase “global coordinating counsel” was a bluff. It meant that a firm was defending hundreds of cases for a client in the United States and had recently been asked to kibbitz on one little case filed in Belgium. The guys with a marketing bent seized on this opportunity, replacing the…
Oy, Canada!

As we’ve said before, we don’t do Canadian law here. We posted once on that subject, about a year ago, and we were quick to confess our ignorance.
But we were startled by what we heard about Canadian class action law at the ACI conference in New York City last month. One speaker said…