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We were saddened this week to hear about the passing of Dolly Parton. A prolific and wonderful songwriter, she was also a relentless force for good.  A shining example of her goal of improving the world is her Imagination Library, which she started to make sure as many kids as possible had a chance to read. Since its founding in 1995, the library has donated over three hundred million books to children across the world. As Dolly put it:

When I was growing up in the hills of East Tennessee, I knew my dreams would come true. I know there are children in your community with their own dreams. They dream of becoming a doctor or an inventor or a minister. Who knows, maybe there is a little girl whose dream is to be a writer and a singer.

The seeds of these dreams are often found in books and the seeds you plant in your community can grow across the world.

Dolly planted a remarkable number of those seeds, and in many ways she represented the best of us. Things seem a little darker knowing that such a positive driver of goodness is gone. We will miss her voice, her smile, and her charity, but we trust that her example of doing good will live on.  It’s hard to relate that to our blogging, but ultimately we all have to turn back to the nine to five (OK, OK, we couldn’t help it).

Today’s case is another “LifeVest” wearable defibrillator case (we’ve blogged about prior cases involving this device here and here).  Pellegrin v. Zoll Medical Corp., 2026 WL 2409216 (E.D. La. Aug. 1, 2026). Plaintiff was prescribed a LifeVest for her cardiac care after suffering heart failure. She claimed that she experienced two unnecessary discharges from the device when she was not undergoing a cardiac event. She alleged chronic neck pain following the alleged shocks from the device—although the court noted she had a history of cervical spine problems. The defendant moved to dismiss based on preemption.

Continue Reading More LifeVest PMA Preemption
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Every so often a summary judgment decision comes along that makes you wonder whether the plaintiff thought the rules of civil procedure were more like suggestions. Neal v. Smith & Nephew Inc., 2026 WL 87302 (W.D. LA Jan. 12, 2026), is one of those cases.

The facts are familiar product liability territory. Plaintiff

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This week we could not resist writing about a good result from an always interesting jurisdiction (Louisiana) involving one of our all-time favorite defense lawyers (Hi, Lori Cohen). 

In McGuire v. B. Braun Med. Inc., 2025 U.S. Dist. LEXIS 184172, 2025 WL 2689205 (E.D. Louisiana Sept. 19, 2025), the district court granted the defendants’ motion to

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Plaintiffs bring product liability suits against medical device manufacturers when outcomes fall short of expectations. Such as when a bone plate—a device surgically implanted to stabilize broken bones and enable proper healing—breaks. Now indulge us for a moment because Bexis and Yeary learned a lot about bone screws and orthopedic devices back in the day.

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If Dante had practiced law, there’s a good chance he would have added a tenth circle of hell—discovery for defense attorneys. Imagine being slowly crushed under a mountain of PDFs, emails from 2007, and inexplicably sticky banker’s boxes. Let’s face it, some of us could update our bios to include—professional document archaeologist.

Discovery was theoretically

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It is a truism in product liability matters that plaintiffs love state courts, whereas defense lawyers and our clients much prefer federal court.  There are reasons for this.  Twombly and Iqbal pleading standards are more rigorous than the pleading standards in many state courts.  Federal judges often have fewer cases and more clerks than state

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We’ve noticed a recent uptick in product liability lawsuits brought against over the counter (OTC) and other consumer products. (Shameless plug: we will be on a panel discussing such litigation at ACI in NYC on January 23-24.). These are products that do not require a prescription. Maybe plaintiff lawyers prefer cases without any pesky learned intermediary who

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The Fifth Circuit gave the plaintiff in Bruno v. Biomet, Inc., 2023 U.S. Dist. LEXIS 213826 (E.D. La. Dec. 1, 2023) a second chance, but it was short lived.  This case had been dismissed on statute of limitations grounds.  On appeal, the Fifth Circuit reversed that holding and remanded the case for the district