In searching for cases for this blog, we sometimes feel like its Groundhog Day. Another preemption win in a PMA medical device case. Another food labeling decision from California. Another failure to plead fraud with particularity dismissal. Another “Okay, campers, rise and shine, and don’t forget your booties ’cause it’s cooooold out there today.” Well, that last one really only applies to Phil Connors, but you get the idea.
Faced with routine rulings, it can be difficult to be creative, to find the new hook or twist. So, sometimes the answer is simply to not – be creative that is. Sometimes, a decision is just what it looks like it is on its face. Another good ruling in an already good body of law. But that doesn’t mean it should be disregarded either. We just need to pluck out the good sound bites and add them to top of the pile.
For instance, if faced with a claim for negligent failure to test in Pennsylvania, you can now add Houtz v. Encore Medical Corp., 2014 U.S. Dist. LEXIS 170481 (M.D. Pa. Dec. 10, 2014) to your motion to dismiss on the ground that “Pennsylvania courts have explicitly stated that negligent failure to test is not a viable cause of action.” Id. at *7.