Manufacturer's Representatives

Sometimes we feel like pulling our hair out − those of us who still have some, anyway.  One things that gets us in that mood is the other side claiming that the prescribing physician (who went to med school and typically has loads of experience with the relevant product) would have treated as gospel this

            Today we look at a common topic – sales representatives – in a slightly different light.  We are all well-versed in the learned intermediary doctrine.  More and more often, plaintiffs’ failure to warn claims in pharmaceutical and medical device cases are thwarted by knowledgeable physicians who apply their independent medical judgment in deciding whether a

We’ve just found out about multiple remand denials from the Depuy hip implant MDL.  Legally, they’re all pretty much the same, although there are some factual differences.  They all reject, even under the relaxed fraudulent joinder standard, any possibility that a manufacturer’s sales representative can be subject to an independent product liability claim where the

Any time a sales rep’s conduct and statements are the centerpiece of a trial, our natural inclination as defense lawyers is to cringe. We know we will be fighting tooth and nail to explain to the judge and jury why the evidence should be excluded or ignored. Because let’s face it – the plaintiffs’ lawyer’s

We’ve been thinking about how our clients, prescription drug and device manufacturers, could do a better job of promoting diversity – diversity jurisdiction, that is. For you non-lawyers, “diversity” refers here to diversity of citizenship. That in turn depends upon whether the defendants are residents of different states than the plaintiffs. Diversity of citizenship matters

We typically post about product liability (and mass tort) issues affecting pharmaceutical and medical device companies. But we’re taking a short detour today simply to note that pharmaceutical companies are now facing another litigation threat: overtime wage cases.

Since September 2006, a consortium of law firms that includes Kingsley & Kingsley, APC; Spiro Moss Barness