The Dearinger case in the Western District of Washington provided a lot of defense friendly blog fodder. It made its way to the Washington Supreme Court for a certified question whether Washington would recognize a direct to consumer exception to the learned intermediary rule. The Washington Supreme Court answered that question with a resounding no. Following that decision, the district court dismissed some of plaintiffs’ claims on an initial motion for summary judgement. We blogged about that decision here. The latest decision in Dearinger v. Eli Lilly & Co., 2024 WL 416848 (W.D. Wash. Feb. 5, 2024) serves up some nice defense nuggets applying the Washington Product Liability Act (WPLA) and refusing to let a sham affidavit create a fact issue.Continue Reading Last Nail in the Coffin for Dearinger
sham affidavit
If One of These Things is Not Like the Others … It is Probably a Sham
Questionable Treater Affidavit Insufficient Support For Defect Claim
The Reverse Sham Affidavit Rule? It’s A Thing
A recent order in the Xarelto MDL caught our attention because it is an example of something we see more and more: A plaintiff in multidistrict litigation who neither accepts a settlement program worked out in the MDL nor is prepared to proceed with his or her claims once the chance to settle has passed. …
Of MDL Plaintiff Fact Sheets and Sham Affidavits
This post is neither written nor reviewed by the Dechert side of the Blog.
The recent decision in McLaughlin v. Bayer Essure, Inc., 2020 WL 1625549 (E.D. Pa. April 2, 2020), is massive (28 Westlaw pages) and devoted largely to review of a special master’s determination of individualized statute of limitations issues for some…
A Tangled Webb: Sham Affidavit Knocks Over Knee Implant Case
Roy Cohn would have turned 92 today, had he not died in 1986, a few weeks after being disbarred in New York. Cohn’s legal career was legendary. He was on the team that prosecuted the Rosenberg spy trial. He worked closely with Senator Joseph McCarthy. His clients included mafia figures, the owners of Studio 54,…