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Publication: Drug and Device Law

First reported 3 hours ago - Updated 3 hours ago - 1 reports

Another Aredia-Zometa Win, Read Against That Institute You Can't Disparage

Marriage is a civil institution, so it's natural that there are so many laws respecting it. Marriage is also an emotional, fragile relationship, so it's also natural that many of the laws are a bit nutty. For instance, on Sundays in Hartford, Connecticut, ... [Published Drug and Device Law - 3 hours ago]

Entities: Zometa, Consortium, Statute of Limitations

First reported 21 hours ago - Updated 21 hours ago - 1 reports

Medtronic Inc

Plaintiff’s Second Try Still Preempted

We talk about a lot of motions to dismiss on this blog and being a defense blog, the overwhelming majority are successful. Motions to dismiss being what they are – motions that examine only the pleadings and are generally brought early on ... [Published Drug and Device Law - 21 hours ago]

Entities: Plaintiff, Medtronic Inc, Allegation

First reported May 21 2013 - Updated May 21 2013 - 1 reports

Biomet Inc

Plaintiffs Discover Risks of Refusing to Participate in Predictive Coding Discovery

br />!--[if gte mso 10]> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; ... [Published Drug and Device Law - May 21 2013]

Entities: Biomet Inc, Corroboration, Litigation, courts

First reported May 17 2013 - Updated May 17 2013 - 1 reports

Manufacturing

A Not So Bad Blast from The Past

We saw the news yesterday about DePuy discontinuing two of their lines of hip implants, which have been involved in some litigation. While we are not ignorant of the impact of litigation on business or the impact of discontinuation/withdrawal/recall ... [Published Drug and Device Law - May 17 2013]

Entities: Plaintiff, Manufacturing, DePuy Inc, Surgeon

First reported May 17 2013 - Updated May 17 2013 - 1 reports

Polett To Be Rearged En Banc

We previously blogged about the Pennsylvania Superior Court vacating an 8-figure in Polett v. Zimmer and remanding for a new trial due to multiple reversible errors committed at the first trial. Unfortunately, nothing's ever easy in our extremely pro-plaintiff ... [Published Drug and Device Law - May 17 2013]

Entities: EN BANC, Superior Court

First reported May 16 2013 - Updated May 16 2013 - 1 reports

Publisher Liability Rejected By Philadelphia C.P. Court

Some time ago we were highly critical of a potentially dangerous expansion of liability for failure to warn to publishers of medical literature.That’s right, publishers.In our prior post we went after Slater v. Hoffman-La Roche, Inc., 771 F. Supp.2d ... [Published Drug and Device Law - May 16 2013]

Entities: Publisher, Liability, Drugs, Fraud

First reported May 15 2013 - Updated May 15 2013 - 1 reports

Mark Marcum Down as a Not-So-Good Case on Preemption and TwIqbal

We are looking forward to this week’s DRI Drug and Medical Device Seminar and the opportunity to get together with so many old friends. We'll learn some new things, relearn too many old things, maybe learn some wrong things, and listen to judges tell ... [Published Drug and Device Law - May 15 2013]

Entities: Plaintiff, Liability, Manufacturing, HIP Replacement, Medical Devices

First reported May 14 2013 - Updated May 14 2013 - 1 reports

Third Circuit Calls on Preemption to Oust New Jersey Food Claims

Last year, we blogged about the District of New Jersey’s dismissal of a putative class action involving the margarine substitute, Benecol Spread. See here . In celebrating the win, we focused on the defense decision to lead with standing ... [Published Drug and Device Law - May 14 2013]

Entities: Trans Fats, Cholesterol, Plaintiff, Nutrient Content, Nutrients

First reported May 13 2013 - Updated May 13 2013 - 1 reports

Indiana’s “Government Compliance” Presumption Against Defect and Negligence

The Indiana Court of Appeals recently issued an opinion applying the section of Indiana’s Product Liability Act (IPLA) that, under certain circumstances, creates a rebuttable presumption against a finding of defect or negligence in product liability actions. ... [Published Drug and Device Law - May 13 2013]

Entities: Indiana (United States), Liability, Compliance

First reported May 10 2013 - Updated May 10 2013 - 1 reports

Interesting Consumer Protection Twist

Every now and then we come across something new and interesting that, frankly, we hadn’t thought of ourselves. That’s how we felt when we read the recent opinion in Boudreaux v. Corium International, Inc., C.A. No. :12-cv-2644-M, slip op. (N.D. Tex. ... [Published Drug and Device Law - May 10 2013]

Entities: Pentetic acid, Consumer Protection, Fraud, Treble Damages, Texas Supreme Court

First reported May 09 2013 - Updated May 09 2013 - 1 reports

Big Sky Beat Down

We read rulings under the Federal Tort Claim Act about as often as we read bench trial rulings or rulings from the District of Montana. Or rulings where a judge says he is retiring in two days. That is, with a frequency somewhat below what ... [Published Drug and Device Law - May 09 2013]

Entities: metoclopramide, Big Sky (United States), Drugs, courts

First reported May 08 2013 - Updated May 08 2013 - 1 reports

Deposition Lojinks

Our last few weeks have been filled with depositions. Mostly we have been defending them. And mostly we have exited the proceedings feeling they were non-events. That is precisely how you want depositions to be when you are defending. No doubt many ... [Published Drug and Device Law - May 08 2013]

Entities: Witness, Deponent, Houston (Texas, United States), Hormone, Article III Judge

Quotes

Okay. So what? Instead, "Plaintiff’s claims in question are that Defendant breached well-recognized state law duties owed to her through conduct that is also a violation of federal law, and these claims are therefore not preempted by Buckman." Id. We'll confess that we are not sure what the court means by that Is this an invocation of the "parallel" claim exception, even though, like we said...

Mark Marcum Down as a Not-So-Good Case on Preemption and TwIqbal [Published Drug and Device Law - May 15 2013]

...for a discrepancy between required disclosure of "zero grams per serving" and an accurate nutrient content claim that the product is not, in fact "free of the nutrient in question. Because "[s]uch declarations could be confusing to consumers, and this consequence is unintended[,] ... the determination of whether a product is free of a nutrient [is] based on the value of the nutrient ... per labeled serving." Id. at *8-9. So, because the FDCA expressly allows a nutrient content claim that a food contains “no fat” when each serving contains less than 0.5 grams per serving, plaintiff’s attempt to impose liability for making such a claim under state law is preempted."

Third Circuit Calls on Preemption to Oust New Jersey Food Claims [Published Drug and Device Law - May 14 2013]

According to Boudreaux, "[t]he Texas Supreme Court has not provided definitive guidance on this issue, and Texas appellate courts are split" 3-2 in favor of abatement

Interesting Consumer Protection Twist [Published Drug and Device Law - May 10 2013]

... Sometimes when the objection is "argumentative," the interrogator turns doe eyes on the witness and asks, "You did not think I was arguing with you, did you?" If we object on the grounds of "argumentative" and our opponent gets our witness to say there was nothing argumentative in the question, we will have...

Deposition Lojinks [Published Drug and Device Law - May 08 2013]

More Content

sort by: Date \| Relevance
Another Aredia-Zometa Win, Read Against That In... [Published Drug and Device Law - 3 hours ago]
Plaintiff’s Second Try Still Preempted [Published Drug and Device Law - 21 hours ago]
Plaintiffs Discover Risks of Refusing to Partic... [Published Drug and Device Law - May 21 2013]
A Not So Bad Blast from The Past [Published Drug and Device Law - May 17 2013]
Polett To Be Rearged En Banc [Published Drug and Device Law - May 17 2013]
Publisher Liability Rejected By Philadelphia C.... [Published Drug and Device Law - May 16 2013]
Mark Marcum Down as a Not-So-Good Case on Preem... [Published Drug and Device Law - May 15 2013]
Third Circuit Calls on Preemption to Oust New J... [Published Drug and Device Law - May 14 2013]
Indiana’s “Government Compliance” Presumption A... [Published Drug and Device Law - May 13 2013]
Interesting Consumer Protection Twist [Published Drug and Device Law - May 10 2013]
Big Sky Beat Down [Published Drug and Device Law - May 09 2013]
Deposition Lojinks [Published Drug and Device Law - May 08 2013]
The Finer Points of Removal [Published Drug and Device Law - May 07 2013]
The New Jersey NuvaRing Litigation Summary Judg... [Published Drug and Device Law - May 06 2013]
More On CAFA and Cognizable Injury [Published Drug and Device Law - May 03 2013]
New Plaintiff Argument Against Generic Drug Pre... [Published Drug and Device Law - May 02 2013]
Breaking News - Opinion Reversing $6.5 Million ... [Published Drug and Device Law - May 02 2013]
Our Blogger Emeritus [Published Drug and Device Law - May 02 2013]
Another Shameless Plug [Published Drug and Device Law - May 01 2013]
SDNY Sinks "Circumstantial Case for Products Li... [Published Drug and Device Law - May 01 2013]
Muddling of Pennsylvania Strict Liability and I... [Published Drug and Device Law - Apr 30 2013]
Another Preemption Win for Branded and Generic ... [Published Drug and Device Law - Apr 29 2013]
Twice in One Month [Published Drug and Device Law - Apr 26 2013]
MDL Precedent Rescue - Big List [Published Drug and Device Law - Apr 25 2013]
A Stale Roll and a Dismal Clean Sweep [Published Drug and Device Law - Apr 24 2013]
A Honey of a Litigation – Part 2 [Published Drug and Device Law - Apr 23 2013]
FDA Says That It Knows That the Clock Is Tickin... [Published Drug and Device Law - Apr 22 2013]
Get It In Writing [Published Drug and Device Law - Apr 22 2013]
Reed Smith New Jersey Double Play [Published Drug and Device Law - Apr 20 2013]
TwIqbal In The Remand Context? [Published Drug and Device Law - Apr 19 2013]

Blogs

sort by: Date \| Relevance
Another Aredia-Zometa Win, Read Against That In... [Published Drug and Device Law - 3 hours ago] Marriage is a civil institution, so it's natural that there are so many laws respecting it. Marriage is also an emotional, fragile relationship, so it's also natural that many of the laws are a bit nutty. For instance, on Sundays in Hartford, Connecticut, ...
Plaintiff’s Second Try Still Preempted [Published Drug and Device Law - 21 hours ago] We talk about a lot of motions to dismiss on this blog and being a defense blog, the overwhelming majority are successful. Motions to dismiss being what they are – motions that examine only the pleadings and are generally brought early on ...
Plaintiffs Discover Risks of Refusing to Partic... [Published Drug and Device Law - May 21 2013] br />!--[if gte mso 10]> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; ...
A Not So Bad Blast from The Past [Published Drug and Device Law - May 17 2013] We saw the news yesterday about DePuy discontinuing two of their lines of hip implants, which have been involved in some litigation. While we are not ignorant of the impact of litigation on business or the impact of discontinuation/withdrawal/recall ...
Polett To Be Rearged En Banc [Published Drug and Device Law - May 17 2013] We previously blogged about the Pennsylvania Superior Court vacating an 8-figure in Polett v. Zimmer and remanding for a new trial due to multiple reversible errors committed at the first trial. Unfortunately, nothing's ever easy in our extremely pro-plaintiff ...