Especially with preemption driving plaintiffs towards new and unusual causes of action, we’ve seen more cases making allegations about our clients’ sales representatives being in the operating room. We’ve (Michelle) blogged about this topic before. We just spotted in interesting on-line piece in Becker’s Spine Review that interviewed seven prominent spine surgeons on what
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
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
When we mentioned Adkins v. Cytyc, No. 4:07CV00053, 2008 WL 2680474 (W.D. Va. July 3, 2008), last week, we called it an attempt to squeeze non-preempted claims out of the Riegel tube.
We’re giving that toothpaste slightly more attention today.
In Adkins, plaintiff pleaded that a corporate representative of Cytyc — presumably
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