The issue of the state of mind or intent of a party can play out a number of ways based on the nature of the case. In the criminal context, proof of the mens rea of the defendant is typically
Drug & Device Law Blogging Team
Latest from Drug & Device Law Blogging Team - Page 2
Paraquat MDL Court Bounces Plaintiffs with “Implausible Theories of Proof”
In early Summer we will be attending yet another bench and bar conference on Multidistrict Litigations. The organizer of the conference recently asked us to switch from a panel focusing on MDL problems to a panel discussing potential solutions. Of…
Guest Post – Are Remote Deposition Costs Recoverable by the Prevailing Party? Maybe, Yes, Maybe, No.
Here is the latest guest post from our Reed Smith colleague, Kevin Hara. He examines whether a prevailing party in litigation can recover, as “costs,” the expenses of witness depositions conducted remotely – a question that has arisen with…
PREP Act Preemption Scorecard
More Taxotere Remand Courts Deny Untimely Amendments
The orders denying untimely, post-remand attempts to amend complaints in the Taxotere litigation are piling up, and it doesn’t get old. We recently reported on one such denial in the Northern District of California. In recent weeks, district courts in…
Tale Of An Economic Loss Class Action
Lately we have been thinking that perhaps nothing stirs a plaintiffs’ lawyer more than a product liability mass tort except an economic loss class action.
Why? Money, for one. Control, for another.
We regularly complain that plaintiffs’ lawyers save money…
C.D. Cal. Holds that Breast Implant Manufacturing Defect Claims are Expressly Preempted
Before we dive into today’s case, Avrin v. Mentor Worldwide LLC, 2024 WL 115672 (C.D. Cal. March 15, 2024), we offer two preliminary observations:
1. We love to hear from our readers. Sometimes we get emails commenting on a post. …
A Design Defect Claim By Any Other Name . . . Is Still a Design Defect Claim
So plaintiffs learned in the In re: Gardasil Products Liability Litigation, MDL 3036, 2024 WL 1197919 (W.D.N.C. Mar. 20, 2024). Try as they did in 550-paragraph and 120-page complaints to muddle their claims, the court cleared away the muck and…
To Seal Or Not To Seal, That Is The Question
It is a whole lot harder to file documents under seal than it used to be. We recall an MDL in the early 2000s where the parties filed everything under seal over the course of multiple years—litigating for the viewing…
Could the Supreme Court Blindside the FDA on the First Amendment?
On March 18, 2024, the Supreme Court heard argument in a matter, National Rifle Association of America v. Vullo, No. 22-842, that from its caption would seem to have nothing to do with our sandbox.
But it might.
One…