Duh. We apologize for the depth of our profundity, but there are some legal principles we think are really obvious. So obvious, in fact, that we might respond to question about these principles with this most dismissive of (clean) interjections. (We were somewhat surprised to learn from the interwebs that duh was supposedly first used
Today we discuss Sherrod v. Smith & Nephew, Inc., 2021 Tenn. Cir. LEXIS 74 (Tenn. Cir. Ct. 2021), a recent Tennessee trial court decision granting the defendant device manufacturer summary judgment on preemption grounds. Notwithstanding one quibble, there is much to like about the decision.
The plaintiff, who asserted a plethora of product-liability and
We tend to favor a “glass half full” outlook. We are preternaturally sunshiny during our daily “how was your day” calls from the 86-year-old Drug and Device Law Dowager Countess. (We have not mentioned, for example, that our aging dog has begun sleeping most of the day and barking most of the night, resulting in
Wanke v. Invasix, Inc., 2021 WL 325923 (M.D. Tenn. Feb. 1, 2021) is an interesting and somewhat long story, so we’re just going to give it to you straight.
In June 2017, plaintiff underwent a medical procedure on her face in which defendant’s medical device was used. Her counsel entered into a tolling agreement
On Christmas Eve we blogged about a pelvic mesh case that had the veritable “mixed bag” of rulings. A bad bit in that bag was the court’s ruling that the statute of limitations had not been triggered until a doctor performed a revision operation and told the plaintiff the operation was necessary to address issues
Sometimes discovery can feel like a four-letter word. Take your pick – hunt, seek, find, dump, onus, cost(ly). When we are talking about responding to interrogatories and document requests, we can add a few more – dull, drag, bore . . . In other words, it’s not the most exciting part of litigation. But the
Child: “Can I have ice cream before dinner?”
Parent: “No”
Child: “What if it’s strawberry ice cream?”
Parent: “Still, no”
Child: “What if my teacher told me I had to eat ice cream for homework?”
Parent: “Still, no”
Child: “What if a monster ran in here right now and said I had to eat ice
Being that it was the Sixth Circuit that allowed a failure-to-update claim to proceed against a generic manufacturer, when we got the recent decision in McDaniel v. Upsher-Smith Labs, 2018 U.S. App. LEXIS 17884 (6th Cir. June 29, 2018), knowing it was about whether a claim for failure to distribute a medication guide
And it’s the start of another season of too much eating, drinking, shopping, and socializing. Sometimes it feels like a year’s worth cramped into a little over a month. And, for some of us (OK, me), we’re entering this week still a little groggy and foggy. So, we’ll admit to looking for something fairly straightforward
In the annals of history, June 6 gets prime billing. That’s understandable, because the successful Normandy landings on D-Day (June 6, 1944), probably saved Western Civilization. (Or maybe that heroic endeavor simply preserved liberal democracy for another 75 years, now that we seem encircled by fanatics both home and abroad who view the Enlightenment