Today’s case, Adams v. 3M Company, 2023 WL 2997420 (6th Cir. April 19, 2023), is not, strictly speaking, a drug or device case, but it is about constraining plaintiff lawyer attempts to aggregate litigation. That issue is near and dear
Drug & Device Law Blogging Team
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Another Acetaminophen Step in the Right Direction
Last week we told you about two decisions in the In re Acetaminophen − ASD-ADHD Products Liability Litigation, MDL No. 3043, that were improvements over last November’s debacle of a preemption decision. Today we report on a decision that makes…
Automotive Preemption Case Has Buckman Front and Center
By Bexis
One key point where implied preemption differs from express preemption is that express preemption is inherently limited by the language of the particular statute that contains the pertinent preemption clause, whereas general principles of implied preemption have broad application to…
S.D. Texas: PMA Preemption and Twiqbal Doom Stent Graft Warnings and Manufacturing Defect Claims
When last we wrote, we had just watched our gorgeous standard poodle puppy, Luca, compete in his first weekend of dog shows. He was still learning the ropes, and, though he looked beautiful, he did not win any points. (Dog…
Wrinkles In Time In The Acetaminophen ASD-ADHD MDL
Last November, we offered well-deserved criticisms of a really bad MDL-wide preemption decision in In re Acetaminophen − ASD-ADHD Products Liability Litigation, MDL No. 3043, 2022 WL 17348351 (S.D.N.Y. Nov. 14, 2022) (“ASD-ADHD I”). One of its huge gaffes was…
C.D. Cal. Dismisses Pacemaker Case
Last week we saw an article on a baseball website about batters who, through umpire forgetfulness or whatever, were not called out until strike four. Then we read Comatov v. Medtronic, Inc., 2023 WL 2922830 (C.D. Cal. March 16, 2023), in which…
Onglyza — State Court Edition
Last year, the federal court decision to exclude plaintiffs’ general causation expert in the In re: Onglyza and Kombiglyze XR Products Liability Litigation, MDL 2809 (E.D. Ken.),took a spot in our top ten best of 2022 (original post on that…
Oye Cómo Va? To Arbitration.
By Bexis
Arbitration, if done right, is an effective, speedy, and low-cost alternative to civil litigation of all kinds, which is why the other side (or at least the lawyers representing them) hates it. Unfortunately, with prescription medical products − and their…
Dentists As Product Manufacturers? Bet On It In Nevada
Personalized medicine is the wave of the future. Whether treating disease or prescribing medical devices (or both), medical practitioners are taking individualized patient characteristics into account more and more as they treat their patients. Cancer therapy can now be targeted…
Partial Update On Medical Abortion Litigation
Lawyers really like to be right. This dive into the latest on reproductive rights in the context of challenges to FDA’s regulation of a prescription medication is an instance where we wish we had not been right with some of…