Sometimes there’s a little something for everyone. Today’s case has personal jurisdiction, corporate veil piercing, PMA preemption, statute of limitations, and learned intermediary. Not every decision on these issues goes the way we think it should, and perhaps the thorns outnumber the roses, but it caught our attention nonetheless.
The case is Franks v. Coopersurgical
Thanks to our friend Adam Masin for sending us today’s hot-off-the-presses case, and a shout-out to Adam and his colleague Nancy Kelly, both of Gordon Rees Scully Mansukhani, for the great result. We’ll get to that in a moment.
First, we ask your indulgence as we report that our baby is leaving the
Outside of the law, if you hear “R&R,” you might think of “rest and relaxation” or the original military term “rest and recuperation.” For many of us, the last year has had plenty of rest, but maybe not much true relaxation or recuperation. As in-person trials are set and the world inches toward a “return
Last year, we blogged about the “closing of the learned intermediary frontier,” in that the last state in the union not to take a position about the learned intermediary rule – Rhode Island – had finally done so. It was a bit of a stretch, our citation was to an oral transcript, but the
We have recently highlighted a few decisions coming out of Hogan v. Novartis Pharmaceuticals Corp., No. 06-Civ-260 (BMC) (EDNY), and we’ve got some good news to report. After a week and a half long liability-only trial in the EDNY Brooklyn division, a six-member jury returned a defense verdict after about five hours of deliberation
Another state rejects public nuisance in the product liability context – although only after the defendants were forced through “the longest trial in [state] history.”
What did the Rhode Island Supreme Court hold in State of Rhode Island v. Lead Industries Association, Inc., 951 A.2d 428 (R.I. 2008). Here’s a synopsis:
(1) The court finally
The defense wins.
Here’s a link to the Rhode Island Supreme Court website, which links in turn to the decision.
We haven’t yet read this, and it’s not clear we’ll be able to speak even after we do.