Readers of this space know we pay close attention to how courts handle preemption in product cases. This week, we stumbled across a new-to-us variation, by virtue of the federal Poison Prevention Packaging Act (“PPPA”), 15 U.S.C. § 1471, et
Drug & Device Law Blogging Team Blogs
Latest from Drug & Device Law Blogging Team
No Injury Action Against Fertility Treatment Gives Birth to Dismissal
No harm, no foul. And no case. That is the lesson of Klosowski v. FPG Labs, LLC, 2025 WL 2532500 (D. Del. Sept. 3, 2025). (Yes, the case is over a year old. But this bundle of joy just popped
Nevada Court Exorcises Three Expert Reports
Johnny Cash sang about ghost riders in the sky. In a federal courtroom in Las Vegas earlier this month, we got the litigation version: ghost writers in the sky — specifically, in three different expert reports that all somehow said
Informed Consent? Not in Our Sandbox!
There is still a lot of 2026 left, and the Blog has already published two posts discussing (among other things) informed consent claims brought against manufacturers of prescription medical products. The first post reviewed Graw v. Eli Lilly & Co.,
Downstream Is Too Far: N.D. Illinois Dismisses School Districts’ Opioid Claims Against Marketing Vendors
A recent order from the Northern District of Illinois shows just how far public entities will go in trying to spread blame for opioid use and abuse, and in Baltimore City Board of School Commissioners v. Publicis Health, LLC, the
There Is No Need To Feel Bad About Dismissing A Barred Case
As if our reputation as curmudgeonly and heartless defense lawyers needed burnishing, our post today gripes about how the Fifth Circuit affirmed the dismissal of two related cases brought by a decedent’s estate. This griping arguably ignores the sage advice
Ninth Circuit Holds that PREP Act Immunity Blocks Vaccine Mandate Challenge
Last week we blogged about the Seventh Circuit’s affirmance of a dismissal of yet another case challenging a vaccine mandate. We predicted that our inbox would be visited by dissenters. We were not wrong. One reader rebuked us for our
The Bonus Track Survives; PMA Preemption Cuts the Rest
Every so often, the song nobody wanted turns out to be the one that lasts. Radiohead almost left “Creep” off their debut album because the band itself was embarrassed by it; it became their defining hit. Prince wrote “Nothing Compares
Presumption Against Preemption News, Including a Circuit Split
We have been complaining about the purported “presumption against preemption” ever since the Blog started. Our first major research post demonstrated that, back in 2006, such precedents were primarily on the express side of preemption. In our sandbox, that changed
Arbitration and Genetic Testing
Our clients generally prefer arbitration to litigation. Arbitration is less expensive, has much more balanced discovery, and it’s faster. It’s probably not statistically significant, but we think we’ve seen an uptick in cases in our practice footprint involving arbitration clauses.