Earlier this year we posted about the decision on defendant’s motion to dismiss in Crockett v. Luitpold Pharmaceuticals, Inc., 2020 WL 433367 (E.D. Pa. Jan. 28, 2020). We called it a “patchwork” decision, meaning we generally liked it but it wasn’t a seamless defense victory. Well, the court ruled on another defense motion just this
Pennsylvania
Federal Court Refuses To Create New Exception To Pennsylvania’s Learned Intermediary Doctrine
There was a time when we posted frequently about attempts to impose liability for injuries allegedly caused by the use of a generic prescription drug. Much of the attention has been directed to trying to pin liability on the company that developed the drug originally, even when the plaintiff took another company’s generic version. When…
Great Summary Judgment Win in E.D.Pa. IVC Filter Case — with One Glitch
Like the rest of you, we have enjoyed streaming new video offerings as we stave off social deprivation. But, more often than not, we find ourselves resorting to our “go to” stalwarts (we have mentioned Season 5, Episode 9 of Downton Abbey), among which we choose depending on the particular chord that needs to be…
More Bad Comment k Law from the Eastern District of Pennsylvania
This Wednesday evening marks the beginning of the Jewish holiday of Passover. In every other year, our large extended family has gathered for Seder, a ritual dinner that commemorates, with traditional foods, songs, and prayers, the exodus of the Israelites from slavery in ancient Egypt. In our family, Seder is a beloved (and occasionally raucous)…
Notice to Clients Monitoring Pennsylvania Dockets
The Pennsylvania Supreme Court entered an emergency COVID-19-related order on March 24, 2020 – copy here – that should be of interest to our clients who engage in removal before service (so-called “snap removal”). As we reported at the time, the Third Circuit upheld removal before service in Encompass Insurance Co. v. Stone Mansion …
Adequate Warnings Should Be Enough
It seems so obvious as not to require a citation – but this is the Drug and Device Law Blog, so we’ll provide some anyway.
Furnishing an adequate warning satisfies a product manufacturer’s duty to warn.
Thus, in a prescription medical product case, “if the manufacturer provides complete, accurate, and appropriate warnings about the product…
Eastern District of Pennsylvania Chimes in with Another Comment k Abomination
We would be remiss (and out of character) if we plunged into a discussion of today’s case without a shout-out to “Siba,” the gorgeous black Standard Poodle who won Best in Show at last week’s Westminster Kennel Club Dog Show. Regular readers of this blog may recall that we attend Westminster every year and that…
A Bit of Patchwork From Pennsylvania
Patchwork is a type of needlework that involves sewing together pieces of fabric into a larger design, usually based on some repeating pattern. The fabric pieces can be different shapes and different colors that are then pieced together. Evidence of patchwork was found in Egyptian tombs. We tend to think of it more in terms…
Malfunction Theory and Medical Malpractice Don’t Mix in Pennsylvania
This post is solely by the non-Reed Smith side of the Blog.
There are lots of great pairings. Bud Abbott and Lou Costello. Paul Simon and Art Garfunkel. Michael Jordan and Scottie Pippen. Michael Scott and Dwight Schrute. Rum and coke. Chocolate and peanut butter. Chocolate and pretzels. Chocolate and strawberries. Chocolate and wine. We…
It’s All About Home
It’s pretty easy to find well-known references to home. Home is where the heart is. Home Sweet Home. Homeward Bound. Lassie Come Home. ET phone home. Home is meant to strike up feelings of warmth, safety, happiness. No wonder it’s all over our songs, movies, and television. And, perhaps at no time more so then…