Quick puppy update: the standard poodle puppies, one of which will be our first-ever show dog in a house filled with canine and feline rescued ragamuffins, are four weeks old today. All eight are fat and healthy, despite a scare with one white male puppy a week or so ago. We will meet them this
The Ninth Circuit has certified a question to the California Supreme Court on the learned intermediary doctrine that immediately caught our attention: In a failure-to-warn claim against a prescription medical product manufacturer, is the plaintiff required to show that a stronger warning would have altered the physician’s decision to prescribe the product? Or can the
We write on a lovely Sunday afternoon, much of which was devoted to trying to figure out what the oldest of the Drug and Device Law Little Rescue Dogs would deign to eat. We should note that we would do literally anything for this frail, scruffy angel incarnate. To wit, we have cooked fresh beef
We write this as we prepare to leave for an overseas trip. We have our N95s, our face shields, and our vaccine card, along with a bit of apprehension and a large measure of giddy gratitude. It has been a long eighteen months (and counting). We’ll fill in some details next time, but we’ll sign
This post is not from the Dechert side of the Blog.
We exchanged e-mails today with one of our first mentors, many years retired. With this long-ago colleague, we tried our first prescription drug cases when we were fresh out of law school, creating some of the fondest memories of our decades-long legal career. Back
We are feeling happy and grateful this week. On Sunday, we were able to hug the Drug and Device Law Dowager Countess for the first time in fourteen months and to share a Mothers’ Day meal with her and our siblings, all fully vaccinated and past the waiting period. The Countess is closer to 90
The plaintiff in Salinero v. Johnson & Johnson, __ F.3d __, No. 20-10900, 2021 WL 1681237 (11th Cir. Apr. 29, 2021), tried a new twist to get around the learned intermediary rule—and it did not work. The district court rejected the plaintiff’s attempt to graft a “financial bias” exception onto Florida’s learned intermediary rule,
We hope, when our time on earth is up, we are remembered as someone who possessed skills and made contributions. We are certain that gardening will not be among them. In that vein, we recently hired professionals to plant a lovely new bed at the end of our driveway. We were admonished that we must
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
Delaware is having something of a moment in the sun. Although the state’s license plates have long announced it as “The First State,” that refers to being the first to ratify the U.S. Constitution. It is the second smallest in size and sixth smallest in population of the current fifty states. The casual peruser of