We have never been sued in Hawaii. At least not yet. It could be that someday someone will call us to task for eating too much shave ice or using the word “mahalo” incorrectly. But so far we have traversed
Drug & Device Law Blogging Team
Latest from Drug & Device Law Blogging Team - Page 2
Plaintiffs Cannot Turn Their Burden To Prove Causation Into Partial Summary Judgment
Duh. We apologize for the depth of our profundity, but there are some legal principles we think are really obvious. So obvious, in fact, that we might respond to question about these principles with this most dismissive of (clean) interjections. …
The Maximum Illogic of “Maximum Strength” OTC Fraud Claims
The plaintiffs in Acosta-Aguayo v. Walgreen Co., 2023 U.S. Dist. LEXIS 34836 (N.D. Ill. March 2, 2023), visited their friendly neighborhood drug store and bought a lawsuit. Well, first they bought pain relief patches. Those patches were over the counter…
An Example of Rule 702 Misapplication
Just last week we updated our discussion on the 2023 amendments to Rule 702 urging our readers to start using the amendments now before their official implementation in December. That’s because the Report of the Rules Advisory Committee confirms that…
Zantac MDL Zaps Crazy Consolidation Claims
By Bexis
What follows is from the non-Dechert side of the blog.
The history of the Zantac MDL has been one novel claim after another from the plaintiffs’ side. Fortunately, the vast majority of those ideas have gotten nowhere. That’s what most…
A Different Sort of Shameless Plug
By Bexis
Western District of Louisiana Confirms that Defendants Can’t Destroy Diversity if They Are in a Different Case (LOL)
We’ve started thinking that it might be fun to run for a seat on our county’s (elected) trial court bench, when we retire from our law firm. (Our current campaign is for our township’s school board. If we succeed, our…
Stretching Specific Personal Jurisdiction And Shrinking Preemption At The Pleadings Stage
When we started seeing a smattering of cases over long-term contraceptive devices used in connection with tubal ligation surgery, we were not surprised. Plaintiff lawyers have targeted a wide range of contraceptive drugs and devices for decades. Commentators beyond this…
Fourth Circuit Affirms Liability of Eyewash Sellers and Rejects Applicability of Sealed Container and Economic Loss Defenses
Keralink Intl., Inc. v. Geri-Care Pharmaceuticals Corp., 2023 WL 2000999 (4th Cir. Feb. 15, 2023), is unusual because it is an affirmance of summary judgment in favor of the plaintiff.
Many years ago, we won a summary judgment on behalf of…
Generic Drugs Remain Generic Drugs Even When Brand Name Drugs Leave the Market
That seems like it should be an obvious statement. FDA regulations draw important distinctions between brand drugs and generic drugs. A manufacturer seeking FDA approval of a new drug must prove safety and efficacy involving expensive and lengthy clinical trials. …