Publication: Drug and Device Law

First reported 19 hours ago - Updated 19 hours ago - 1 reports

The Ninth Circuit Taketh Away on Daubert

We reported on the Northern District of California’s order granting summary judgment in Messick v. Novartis Pharmaceutical Corp. when it came out in February 2013, and a good and proper order it was.  The plaintiff was treated with bisphosphonate ... [Published Drug and Device Law - 19 hours ago]
First reported Apr 18 2014 - Updated Apr 18 2014 - 1 reports

Sweet Home [Fill in the Blank] − A Sea Change In Personal Jurisdiction?

We’ve been reviewing the (relatively, in Internet time) recent Supreme Court decision in Daimler AG v. Bauman, 134 S.Ct. 746 (2014), and having done so we recommend it to anyone representing overseas clients worried about being swept into the maw of the ... [Published Drug and Device Law - Apr 18 2014]
First reported Apr 17 2014 - Updated Apr 17 2014 - 1 reports

O Defect, Defect! Wherefore art thou Defect?

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 - Apr 17 2014]
First reported Apr 17 2014 - Updated Apr 17 2014 - 1 reports

Annual DRI Shameless Plug

Here is our annual publicity stunt for the Defense Research Institute’s Drug and Device Seminar: *************Please join us at the 2014 DRI Drug & Device Seminar May 15 – 16, 2014 at the Renaissance Downtown Hotel in Washington, D.C. The program includes:•           ... [Published Drug and Device Law - Apr 17 2014]
First reported Apr 17 2014 - Updated Apr 17 2014 - 1 reports

Déjà Vu to You Too

            We sometimes read decisions and think we must have already read the same decision under a different caption.  Critical as we are, we might even give a moment’s thought to the possibility that somehow the same decision was reissued under an ... [Published Drug and Device Law - Apr 17 2014]
First reported Apr 15 2014 - Updated Apr 15 2014 - 1 reports

Mixed Reasoning and Wrongful Conception

Way back in law school our moot court topic involved allegations of “wrongful birth” or “wrongful conception.”  The plaintiffs alleged that a doctor failed to detect a catastrophic birth defect, thus depriving the parents of the option to terminate the ... [Published Drug and Device Law - Apr 15 2014]
First reported Apr 14 2014 - Updated Apr 14 2014 - 1 reports

Summary Judgment Decision for the Defense in the Propoxyphene Litigation References the Rejection of Market-Share Liability in the DES Litigation

br />!--[if gte mso 9]><![endif]-->A recent decision in the propoxyphene litigation – Schiller v. Eli Lilly & Co., No. 2:12-247-DCR (E.D. Ky. Apr. 7, 2014) – confirms a now basic premise of product liability law: if you claim to have been ... [Published Drug and Device Law - Apr 14 2014]
First reported Apr 11 2014 - Updated Apr 11 2014 - 1 reports

Breaking News: Proposal to Amend Federal Rules Finalized

The so-called “Duke Subcommittee” today finalized and voted on its version of proposed amendments to the Federal Rules of Civil Procedure.  These amendments include those we’ve blogged about before , making alterations to the scope of discovery, the ... [Published Drug and Device Law - Apr 11 2014]
First reported Apr 11 2014 - Updated Apr 11 2014 - 1 reports

Hip Order on Preemption Plays a Sour Note

The district court’s express preemption ruling in Simoneau v. Stryker, Corp. , No. 3:13-CV-1200, 2014 U.S. Dist. LEXIS 43137 (D. Conn. Mar. 31, 2014), reminds us of the piano we learned to play on as a child.  It was a nice old piano, maybe even an antique, ... [Published Drug and Device Law - Apr 11 2014]
First reported Apr 10 2014 - Updated Apr 10 2014 - 1 reports

The Perils of Letting Regulatory Experts Run Wild

Although Czimmer v. Janssen Pharmaceuticals, Inc., 2014 WL 1335511 (Pa. C.P. Philadelphia Co. Jan. 2, 2014), was decided several months ago, we only became aware of it (because of our ongoing automatic searches) the other day.  While there are a number ... [Published Drug and Device Law - Apr 10 2014]
First reported Apr 09 2014 - Updated Apr 09 2014 - 1 reports

A Good Daubert Ruling in Any Language

Our two favorite television shows occasionally force us to follow subtitles while a character is speaking a harsh (to our ears, anyway) foreign language.  In The Americans , the spies in the Russian embassy treat us to long exchanges in their mother ... [Published Drug and Device Law - Apr 09 2014]
First reported Apr 08 2014 - Updated Apr 08 2014 - 1 reports

An OxyContin Decision That Addresses Everything from Negligence Per Se Claims to Personal Jurisdiction

br />!--[if gte mso 9]><![endif]-->What’s left of the OxyContin litigation produced a recent decision that addresses a myriad of procedural and substance issues, some of which we often see and others not so much.  If you don’t recall, in 2007, ... [Published Drug and Device Law - Apr 08 2014]

Quotes

...  Plaintiff’s allegations were, in essence, this: "Defendants owed Plaintiff a duty to properly warn of the potential for and/or risk of addiction associate (sic) with their product."   Id. at *17.  That’s wrong...
...we had made about the lower court decision, including basically presuming injury and causation from an allegedly misleading communication, we said "We hope that other courts will follow the lead of the Louisiana Supreme Court in requiring that plaintiffs prove the claims they assert.  Even statutes with avowed remedial purposes are not supposed to be mere vehicles for ringing up damages against deep pockets defendants.  We also hope that the state AGs who outsource their work to plaintiff lawyers, or other governmental lawyers who get in bed with plaintiff lawyers in the hopes of big settlements and verdicts, give a little more thought to the process going forward."   It looks like the Arkansas Supreme Court did its part.  Now for the state AGs to get the message
...See Kumho Tire Co., Ltd. v. Carmichael , 526 U S 137 (1999) ( "[The objective of Daubert’s gatekeeping requirement] is to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field. Id. at * 22-23 (record cite omitted). That is dead on and even introduced the burden issue we harped about above. As its parting shot, the court dismissed the argument that cases providing for the admissibility of prior accidents (or ADEs or MDRs for our typical cases) do not support an expert’s reliance on a single prior patient for a causation opinion. Id. at ** 23-24."
...Glaxo Smith Kline Healthcare, 2006 WL 952032 (N.D Ill. April 12, 2006), the court noted that plaintiff would have a "very difficult burden to show that the statements were not specifically authorized" because industry was "highly regulated" by FDA

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The Ninth Circuit Taketh Away on Daubert [Published Drug and Device Law - 19 hours ago]
Sweet Home [Fill in the Blank] − A Sea Change I... [Published Drug and Device Law - Apr 18 2014]
O Defect, Defect! Wherefore art thou Defect? [Published Drug and Device Law - Apr 17 2014]
Annual DRI Shameless Plug [Published Drug and Device Law - Apr 17 2014]
Déjà Vu to You Too [Published Drug and Device Law - Apr 17 2014]
Mixed Reasoning and Wrongful Conception [Published Drug and Device Law - Apr 15 2014]
Summary Judgment Decision for the Defense in th... [Published Drug and Device Law - Apr 14 2014]
Breaking News: Proposal to Amend Federal Rules ... [Published Drug and Device Law - Apr 11 2014]
Hip Order on Preemption Plays a Sour Note [Published Drug and Device Law - Apr 11 2014]
The Perils of Letting Regulatory Experts Run Wild [Published Drug and Device Law - Apr 10 2014]
A Good Daubert Ruling in Any Language [Published Drug and Device Law - Apr 09 2014]
An OxyContin Decision That Addresses Everything... [Published Drug and Device Law - Apr 08 2014]
Breaking News: Summary Judgment Granted in Infu... [Published Drug and Device Law - Apr 07 2014]
Common Sense Contraceptive Warnings Cases [Published Drug and Device Law - Apr 04 2014]
The More Things Change, The More They Remain Th... [Published Drug and Device Law - Apr 03 2014]
Litigation Holds Matter [Published Drug and Device Law - Apr 03 2014]
Causation Requirement Trips Up Off-Label End-Ru... [Published Drug and Device Law - Apr 02 2014]
An Infusion of Infuse [Published Drug and Device Law - Apr 01 2014]
Opening Day Brings a Favorable Decision on Off-... [Published Drug and Device Law - Mar 31 2014]
Warnings Causation Carries the Day Again [Published Drug and Device Law - Mar 28 2014]
It’s Throwback Thursday [Published Drug and Device Law - Mar 27 2014]
That Theory Won't Hunt [Published Drug and Device Law - Mar 27 2014]
Breaking News – Fosamax Preemption Ruling Exten... [Published Drug and Device Law - Mar 26 2014]
Better Late than Never: We Look Back at a 2013 ... [Published Drug and Device Law - Mar 26 2014]
S.D. Ohio Blasts Med-Mal/Product Liability RICO... [Published Drug and Device Law - Mar 25 2014]
Preemption Applies Even Though the Device Was C... [Published Drug and Device Law - Mar 24 2014]
Arkansas Supreme Court Delivers, But Can Others... [Published Drug and Device Law - Mar 21 2014]
Breaking News -- Arkansas Supreme Court Reverse... [Published Drug and Device Law - Mar 20 2014]
Ten Useful Points on Country of Origin [Published Drug and Device Law - Mar 20 2014]
Nice Try, But No Brass Ring [Published Drug and Device Law - Mar 19 2014]
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sort by: Date | Relevance
The Ninth Circuit Taketh Away on Daubert [Published Drug and Device Law - 19 hours ago]
We reported on the Northern District of California’s order granting summary judgment in Messick v. Novartis Pharmaceutical Corp. when it came out in February 2013, and a good and proper order it was.  The plaintiff was treated with bisphosphonate ...
Sweet Home [Fill in the Blank] − A Sea Change I... [Published Drug and Device Law - Apr 18 2014]
We’ve been reviewing the (relatively, in Internet time) recent Supreme Court decision in Daimler AG v. Bauman, 134 S.Ct. 746 (2014), and having done so we recommend it to anyone representing overseas clients worried about being swept into the maw of the ...
O Defect, Defect! Wherefore art thou Defect? [Published Drug and Device Law - Apr 17 2014]
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:""; ...
Annual DRI Shameless Plug [Published Drug and Device Law - Apr 17 2014]
Here is our annual publicity stunt for the Defense Research Institute’s Drug and Device Seminar: *************Please join us at the 2014 DRI Drug & Device Seminar May 15 – 16, 2014 at the Renaissance Downtown Hotel in Washington, D.C. The program includes:•           ...
Déjà Vu to You Too [Published Drug and Device Law - Apr 17 2014]
            We sometimes read decisions and think we must have already read the same decision under a different caption.  Critical as we are, we might even give a moment’s thought to the possibility that somehow the same decision was reissued under an ...
1 2 3 4 5 6 7 8 9 10 ...
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