Publication: Drug and Device Law

First reported 1 hour ago - Updated 1 hour ago - 1 reports

ACI’s Drug & Medical Device Litigation Conference – Shameless Plug

In a first for the DDLaw Blog, we’re an official "Media Partner" for the American Conference Institute’s 19th Annual Drug & Medical Device Litigation Conference , to be held December 8-10, in New York City.That means we’re going to be there – and you ... [Published Drug and Device Law - 1 hour ago]
First reported Oct 17 2014 - Updated Oct 17 2014 - 1 reports

Louisiana Liability For A Sales Representative's Sizing Error

            Those of us whose childhood had low tech play options and at least a touch of OCD recall playing with dominoes.  Not whatever the game is where the number of dots on a tile matters, which we understand exists from witnessing it in screen classics ... [Published Drug and Device Law - Oct 17 2014]
First reported Oct 16 2014 - Updated Oct 16 2014 - 1 reports

A Colorado Federal Court Adopts Restatement (Third) of Torts Section 6(c)

br />!--[if gte mso 9]><![endif]-->A federal court recently placed Colorado amongst the states that apply Restatement (Third) of Torts §6(c) in design defect cases.  That’s a good place to be when you’re defending a medical device company.  ... [Published Drug and Device Law - Oct 16 2014]
First reported Oct 15 2014 - Updated Oct 15 2014 - 1 reports

A Juicy Little Decision

            This is actually a post from Reed Smith’s Rachel Weil.  While this is not her first post, she is still a mere "guest poster" at this point and takes sole responsibility for the content of her posts.  We have allowed her to use first person ... [Published Drug and Device Law - Oct 15 2014]
First reported Oct 15 2014 - Updated Oct 15 2014 - 1 reports

Breaking News – Branded Design Defect Preemption

     From the time that the Supreme Court handed down its decision in Mutual Pharmaceutical Co. v. Bartlett , 133 S.Ct. 2466 (2013), we have been declaring that design defect claims against branded dugs should also be preempted.  See, e.g.,  here , ... [Published Drug and Device Law - Oct 15 2014]
First reported Oct 14 2014 - Updated Oct 14 2014 - 1 reports

No, HIPAA Does Not Preempt Informal Treater Interviews

For over seven years, we’ve been following the odd little romance that the other side of the “v.” has been having with purported federal preemption of state litigation practices that allow our side to conduct voluntary, informal interviews with treating ... [Published Drug and Device Law - Oct 14 2014]
First reported Oct 13 2014 - Updated Oct 13 2014 - 1 reports

The Scylla and Charybdis of PMA Preemption

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 - Oct 13 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

Local Drug Disposal Tax Should Go Down The Drain

The Ninth Circuit’s opinion in PhRMA v. County of Alameda , No. 13-16833, 2014 WL 4814407 (9th Cir. Sept. 30, 2014), is a triumph of petty local politics over sound public policy.  At issue is an ordinance enacted in Alameda County, California, that ... [Published Drug and Device Law - Oct 10 2014]
First reported Oct 10 2014 - Updated Oct 10 2014 - 1 reports

Another Guest Post on Rostholder FCA Developments

Back in February, we hosted a guest post about United States ex rel. Rostholder v. Omnicare, Inc., 745 F.3d 694 (4th Cir. 2014), an extremely important False Claims Act (“FCA”) decision for the defense-side's effort to prevent the FCA from being converted ... [Published Drug and Device Law - Oct 10 2014]
First reported Oct 09 2014 - Updated Oct 09 2014 - 1 reports

Buckman Preempts Adverse Event Fishing Expedition

We’ve always been of the opinion that the rationale for preemption in Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), concerning:  (1) the FDA’s exclusive enforcement power, and (2) the adverse effects that common-law second-guessing of ... [Published Drug and Device Law - Oct 09 2014]
First reported Oct 09 2014 - Updated Oct 09 2014 - 1 reports

Of Phantom Damages, Collateral Sources, and Windfalls

We don’t discuss damages much, except to fulminate about punitive damages .  Why is that?  We’re not entirely sure, but to some extent not discussing damages means not discussing losing.  We “win” for our clients when we prevail on liability, and that’s ... [Published Drug and Device Law - Oct 09 2014]
First reported Oct 08 2014 - Updated Oct 08 2014 - 1 reports

Upcoming Drug and Device Defense Seminar

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 - Oct 08 2014]

Quotes

...More stuff you can use.8. In-house insights − What do General Counsel really want from their defense teams − in the pre-conference session, "View from the General Counsel’s Office: Limiting Liability and Managing and Reducing Costs in Drug and Med Litigation." 9. Ethics CLE – This year’s topics being, Inclusion, Diversity, and the Products Credits Liability Bar (don’t come to places like Philly without ‘em);...
...am PT, three of your Reed Smith bloggers, Steve Boranian, Steve McConnell, and myself (Bexis) will be presenting a teleseminar that we've entitled,  "And the Verdict Is…: Recent Trends in Drug and Device Litigation."  What we'll be talking about are some of the more notable trends that we have observed in drug and device litigation since the beginning of the year...
...As to such "losses," the defendant asserted "that it sought to remedy the problem by directing patients to return the product to their respective pharmacies for replacement or reimbursement" but the court never had to go there. Id. at *1...
...in the Qui Tam Action, Eisai allegedly committed the causing of false or fraudulent claims to be submitted in connection with certain acts such as "failure to adopt adequate workplace or employment policies and procedures" and "negligent evaluation of employees."

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All (135) | News (0) | Reports (0) | Blogs (135) | Audio/Video (0) | Fact Sheets (0) | Press Releases (0)
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ACI’s Drug & Medical Device Litigation Conferen... [Published Drug and Device Law - 1 hour ago]
Louisiana Liability For A Sales Representative'... [Published Drug and Device Law - Oct 17 2014]
A Colorado Federal Court Adopts Restatement (Th... [Published Drug and Device Law - Oct 16 2014]
A Juicy Little Decision [Published Drug and Device Law - Oct 15 2014]
Breaking News – Branded Design Defect Preemption [Published Drug and Device Law - Oct 15 2014]
No, HIPAA Does Not Preempt Informal Treater Int... [Published Drug and Device Law - Oct 14 2014]
The Scylla and Charybdis of PMA Preemption [Published Drug and Device Law - Oct 13 2014]
Local Drug Disposal Tax Should Go Down The Drain [Published Drug and Device Law - Oct 10 2014]
Another Guest Post on Rostholder FCA Developments [Published Drug and Device Law - Oct 10 2014]
Buckman Preempts Adverse Event Fishing Expedition [Published Drug and Device Law - Oct 09 2014]
Of Phantom Damages, Collateral Sources, and Win... [Published Drug and Device Law - Oct 09 2014]
Upcoming Drug and Device Defense Seminar [Published Drug and Device Law - Oct 08 2014]
S.D. Illinois Dismisses Some Mirena Claims and ... [Published Drug and Device Law - Oct 08 2014]
Personal Jurisdiction, Preemption, Pleadings an... [Published Drug and Device Law - Oct 07 2014]
Another Preemption Thought [Published Drug and Device Law - Oct 06 2014]
Pre-Halloween Demise of a Frankenstein Plaintiff [Published Drug and Device Law - Oct 03 2014]
An Express Preemption Thought [Published Drug and Device Law - Oct 02 2014]
Final Answer: Arkansas "Illegal Exaction" Theor... [Published Drug and Device Law - Oct 01 2014]
Removal May Prove Difficult for Compounding Pha... [Published Drug and Device Law - Sep 30 2014]
Negligence Per Se and Fraud Claims Dismissed in... [Published Drug and Device Law - Sep 29 2014]
Prosecuting Alleged Adulteration Through Off-La... [Published Drug and Device Law - Sep 26 2014]
Squeezing the Toothpaste Ever More Firmly [Published Drug and Device Law - Sep 25 2014]
Fraudulent Joinder: Complaints Full of Folly an... [Published Drug and Device Law - Sep 24 2014]
For Today Only, We are Anti-Dentites [Published Drug and Device Law - Sep 23 2014]
Another Case Shows the Importance of Prescriber... [Published Drug and Device Law - Sep 22 2014]
Sunsetting Cy Pres [Published Drug and Device Law - Sep 20 2014]
Eleventh Circuit Says Forget It to Fixodent Dau... [Published Drug and Device Law - Sep 19 2014]
Teleseminar by the Reed Smith Side of the Blog [Published Drug and Device Law - Sep 18 2014]
Shootout at the First Amendment Corral [Published Drug and Device Law - Sep 18 2014]
Who is the Prescriber? [Published Drug and Device Law - Sep 16 2014]
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sort by: Date | Relevance
ACI’s Drug & Medical Device Litigation Conferen... [Published Drug and Device Law - 1 hour ago]
In a first for the DDLaw Blog, we’re an official "Media Partner" for the American Conference Institute’s 19th Annual Drug & Medical Device Litigation Conference , to be held December 8-10, in New York City.That means we’re going to be there – and you ...
Louisiana Liability For A Sales Representative'... [Published Drug and Device Law - Oct 17 2014]
            Those of us whose childhood had low tech play options and at least a touch of OCD recall playing with dominoes.  Not whatever the game is where the number of dots on a tile matters, which we understand exists from witnessing it in screen classics ...
A Colorado Federal Court Adopts Restatement (Th... [Published Drug and Device Law - Oct 16 2014]
br />!--[if gte mso 9]><![endif]-->A federal court recently placed Colorado amongst the states that apply Restatement (Third) of Torts §6(c) in design defect cases.  That’s a good place to be when you’re defending a medical device company.  ...
A Juicy Little Decision [Published Drug and Device Law - Oct 15 2014]
            This is actually a post from Reed Smith’s Rachel Weil.  While this is not her first post, she is still a mere "guest poster" at this point and takes sole responsibility for the content of her posts.  We have allowed her to use first person ...
Breaking News – Branded Design Defect Preemption [Published Drug and Device Law - Oct 15 2014]
     From the time that the Supreme Court handed down its decision in Mutual Pharmaceutical Co. v. Bartlett , 133 S.Ct. 2466 (2013), we have been declaring that design defect claims against branded dugs should also be preempted.  See, e.g.,  here , ...
1 2 3 4 5 6 7 8 9 10 ...
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