When is a warning not a warning? Apparently when it’s given in Wisconsin. Here are the facts which led to the denial of summary judgment in Platten v. Dean Health Plan, 2023 WL 1820994 (E.D. Wis. Feb. 8, 2023). Plaintiff had hip replacement surgery in 2011 with a ceramic-on-ceramic hip replacement system. In 2017
In his excellent guide to the perplexed young lawyer, The Curmudgeon’s Guide to Practicing Law, co-DDL blog founder Mark Herrmann offers all sorts of good advice. One bit that we particularly remember is that the best case authority is a reversal of a court that ruled the way your opponent wants. It’s nice to
A few years ago we did a couple of posts about the learned intermediary decision that arose from the Zimmer Nexgen Knee Implant MDL, and was subsequently affirmed by the Seventh Circuit Court of appeals. We designated the opinion In re Zimmer Nexgen Knee Implant Products Liability Litigation, 218 F. Supp. 3d 700 (N.D.
In the Mid-Atlantic this week, unless your roots run deep – they are frozen. After a balmy sixty degrees on New Year’s Day, we got hit with our first snowstorm of the winter. As did so many, this blogger’s family had to cancel nearly all our holiday plans. So, on what should have been the
Regular readers know that, after receiving a useful guest post on Iowa learned intermediary law, we asked our readers if they would like to prepare similar detailed arguments in favor of the LIR for other states in which there was no state-court appellate law. Here is one for Wisconsin. It’s authored by three attorneys from
We are going to Peoria next week. On an airplane. Ordinarily, this would not be newsworthy, but we are irrationally excited to be taking this step toward normalcy. We have long comforted apprehensive young lawyers by assuring them that any event provoking fear would soon recede into the past tense. The last year did not
We have written a lot about personal jurisdiction. We certainly haven’t lacked for defense favorable decisions since Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017). Its impact has been felt in many contexts – class actions, innovator liability, litigation tourism. And, as we discussed in our post here, “stream of
Today’s case has a little bit of everything – choice of law, statutory compliance, alternative design, warnings causation. So, the decision is a bit of “grab bag” in addition to being a “mixed bag.”
The case is Hyde v. C.R. Bard, Inc., 2018 WL 3586404 (D. Ariz. Jul. 26, 2018). To begin with, plaintiff
The district judge in the In re Zimmer Nexgen Knee Implant Products Liability Litigation MDL issued a summary judgment order in October 2016 that we called “the best Wisconsin law decision we have ever seen.” What was the reason for our unusually unbridled enthusiasm? The district judge debunked the idea that the learned
This post is from the non-Dechert side of the blog.
While the recent Pennsylvania Superior Court Risperdal decision is not a defense victory, it is certainly not as favorable for plaintiffs as they are making it out to be. While several issues were presented for appeal in Stange v. Janssen Pharms., Inc., 2018 Pa.