We report, before we discuss today’s case, that we write in a state of high anticipation. Regular readers of this blog may recall that we are huge dog show fans (we have had the same seats to the annual Westminster
Latest from Drug & Device Law
New Mexico Federal Court Makes The PREP Act Right Again
The world order has been restored. The clouds have parted, and all today is in perfect resonant harmony. Ok, we are exaggerating. A lot. But we are pleased to report that at least one federal district court has correctly interpreted
Regulatory Witnesses – Something Else To Watch
An interesting issue recently arose (but was not resolved) in In re: Proton-Pump Inhibitor Products Liability Litigation, 2022 WL 2188038 (D.N.J. June 17, 2022) (“PPI”). The ability of an FDA expert witness to testify was challenged under 18 U.S.C. §207,
Chocolate Ice Cream Fraud Plaintiff Gets Just Desserts
In these dog days of summer, few things bring as much joy and relief as ice cream. What does ice cream have to do with drugs or medical devices? Not much, we suppose. Sure, ice cream can affect the brain
For Preemption, “Newly Acquired” Does Not Mean “By Plaintiff”
They say the smartest people are the ones who are always learning something new. Those who are open to new ideas and concepts. People who are eager to acquire new information. That’s a great way to live. Long live enlightenment.
Suing the Certifiers – A Dangerous Undertaking
In our civil society, many non-governmental entities certify various things. We’ve all heard of the Good Housekeeping Seal of Approval, which has been around for over a century. Then there is Consumers Union/Consumer Reports – a magazine
When Does Offensive Non-Mutual Collateral Estoppel Apply in MDLs?
Today’s post is for procedure geeks, especially those who litigate MDLs.
Offensive non-mutual collateral estoppel prevents a defendant from relitigating an issue that it lost in earlier litigation against a different plaintiff.
The issue is when offensive non-mutual collateral estoppel
Georgia Supreme Court does not Adopt the Apex Doctrine, but comes Fairly Close
Even a meritless lawsuit can impose an enormous burden on a company. There is the ridiculous expense, of course. Legal fees and other costs of defending a lawsuit can easily add up to more money than most juries award
Childhood Vaccine Case Gets TwIqballed
Since the Supreme Court decided Bruesewitz v. Wyeth LLC, 562 U.S. 223 (2011), product liability litigation over childhood vaccines is rare but not extinct. As demonstrated by today’s case — Garcia v. Sanofi Pasteur Inc., 2022 U.S. Dist. LEXIS
Federal District Court Turns Prep Act On Its Head
We scratched our heads last year when the Third Circuit misconstrued the federal PREP Act to allow a state-law negligence claim arising from an alleged COVID-related death, in direct contravention of the Act’s express preemption. See Maglioli v. Alliance HC