The opinion, Schrecengost v. Coloplast Corp., 2019 WL 6465398 (W.D. Pa. Dec. 2, 2019), recently “predicted” that Pennsylvania would allow strict liability design and warning defect claims in cases involving prescription medical products. Id. at *11-13. In so doing Schrecengost was not only wrong, but loud wrong. First, without even a serious discussion, Schrecengost
We’ve used the phrase “one-two punch” before in the blog to describe a pair of legal decisions concerning the same product. Usually, our clients have been on the winning side, but that’s not always true, particularly in cases coming out of Philadelphia, Pennsylvania. In November, the Pennsylvania appellate courts, in gynecomastia litigation, dealt defendants two
You can buy almost anything you want on line – and a whole lot of stuff you didn’t know you wanted until you saw it online. And, if you can think of something you want that you can’t find online, there are DIYers online just waiting to make you whatever it is you’ve dreamed up.
You’ve heard the saying – you can run, but you can’t hide. Well, in Multidistrict Litigation, we could have a saying – you can hide, but only until remand. It’s no secret that in most mass torts, only a handful of cases are in the spotlight. The bellwethers. The intention, usually by all parties
Allow us to wax nostalgic for a moment. Decades ago, an improbable series of events led us to Nashville, where we lived for several years, blissfully holding adulthood (and college) at bay and basking in all that the resident music industry provided. Last week, we had a perfectly joyous reunion with the dearest of friends
Did you ever wish there was a way to get a definitive answer to those age-old issues that have been plaguing humans since the beginning of time? Like — is it worse to fail at something or never attempt it in the first place? Or — does nature shape our personalities more than nurture? What
First, we apologize to our readers for not publishing this post earlier. It contains new information that we’ve known about for a couple of weeks, but we felt we had to keep it under wraps temporarily until Bexis filed an amicus curiae brief (last Friday) in one of the cases we discuss. Just as we
Last year was a banner year for removal before service, with both the Second and Third Circuits weighing in to support application of the removal statute according its terms, thereby giving their blessing to the so-called “snap” or “wrinkle” removal practice that this Blog has advocated for a decade. See Gibbons v. Bristol-Myers Squibb Co.
This message is directed primarily to our overseas readers, and those who represent non-United States drug and medical device companies. Under FDA registration regulations, non-United States manufacturers (and other regulated companies) that import their regulated products into this country are required to appoint a domestic “agent” for regulatory purposes:
(i) Registration of foreign establishments
(1)
Last year, we posted about Pennsylvania going off the personal jurisdictional “deep end” in Hammons v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. 2018), and Webb-Benjamin, LLC v. International Rug Group, LLC, 192 A.3d 1133 (Pa. Super. 2018). Well, unfortunately they’re still at it, and we’re afraid that the result could well be