Bexis went gallivanting off to California last week to (among other things) speak to the Product Liability Advisory Council, Inc. (“PLAC”) about the joys of pleading in the post-Twombly/Iqbal era. That meant that he had to update the Twombly/Iqbal research that previously appeared here. Being the lazy pedants that
Pain Pump
Preemption in the In Box
A tip of the cyberhat to Ed Gerecke, Penelope Dixon, and Dave Walz and of Carlton Fields for passing along news of another preemption win, in Wolicki-Gables v. Arrow International, Inc., ___ F. Supp. 2d ___, 2009 WL 2190069, slip op. (M.D. Fla. July 22, 2009). That’s a quick decision to publish by…
Rule 702 Gives Plaintiffs A Pain In The Pump
Last year, the MDL Panel denied an attempt to centralize all of the federal “shoulder pain pump – chondrolysis” cases. See In re Shoulder Pain Pump – Chondrolysis Products Liability Litigation, MDL No. 1966 (JPML Aug. 11, 2008) (link here). So the cases have moved ahead individually in federal courts across America.
A…
The MDL Panel Plays It By The Book In Denying Plaintiffs’ Motion To Centralize The Shoulder Pain Pump Litigation
The following guest post was written by Pearson Bownas of Jones Day. As is always true of guest posts, Pearson gets the credit; we get the blame:
Whether the Judicial Panel on Multidistrict Litigation (the “MDL Panel” or “Panel”) grants or denies a motion to centralize cases pending in different federal district courts and…