Stop us if you have heard us say “stop us if you have heard this before.” Pelvic mesh cases on remand have often faced the harsh realities of procedural requirements and burdens of proof because transferee judges have treated them like individual cases rather than items in an inventory. Decisions about the impact of failure
Keralink Intl., Inc. v. Geri-Care Pharmaceuticals Corp., 2023 WL 2000999 (4th Cir. Feb. 15, 2023), is unusual because it is an affirmance of summary judgment in favor of the plaintiff.
Many years ago, we won a summary judgment on behalf of our big bank client, which was suing another big bank for failure to fulfill
This post is from the non-Dechert side of the blog.
Our latest Zantac litigation decision is not from the Florida MDL, but rather a standalone case in Maryland − Mayor & City Council of Baltimore v. GlaxoSmithKline, LLC, 2022 WL 537004 (Md. Cir. Jan. 28, 2022). It’s a split decision, and depending on which
If you are even a casual reader of this blog, you have probably come upon a post disparaging the rulings coming out of the In re BHR Hip Implant Products Liability Litigation. That court’s PMA preemption opinion made our worst decision list for 2018. It rendered an abysmal decision finding that failure-to-report claims
After getting off to a rocky start a few years ago on preemption, cases in the Birmingham hip MDL are falling like dominoes. And just like last week’s case, the decision in Sedgwick v. Smith & Nephew, Inc., 2021 U.S. Dist. LEXIS 157412 (D. Md. Aug. 19, 2021) falls apart at the summary
This blogger took last week off – from everything except some sand, the ocean, and drinks with little umbrellas. And books! Books set in the post-Civil War era (The Book of Lost Friends), in post-World War I (The Last Train to Key West), during World War II (The Only Woman
That’s how Maryland’s highest court chose to characterize its gradual move from Frye to Daubert – a drifting process. Like the way the ocean drifts ashore as the tide is rising. Creeping a little higher, each wave covering and absorbing a little more of the beach. As it slowly inches toward your chair where you’re
As we approach the end of the year, we turn to reflecting on the events of the passing year. We do it here on the DDL blog with our best of and worst of posts. It is often a time to consider just how much (or how little) was accomplished in the course of a
Today is John Winston Lennon’s birthday. He would have turned 79 on this date but for a truly crazed assassin. Imagine stalking someone because of Catcher in the Rye! Lennon wrote many marvelous songs (we especially like his early stuff, such as “Hard Day’s Night,” “If I Fell,” and “Help”). But since this is the
A couple of weeks ago, the Drug and Device Law Dog Walker texted us midday to report that a coyote had been spotted in our suburban neighborhood and that we should be vigilant when the Drug and Device Law Little Rescue Dogs were out in the yard. We scoffed, insisting that it must have been