t’s cold in New Jersey now. At the time this post hits the blog, it will be about 20 degrees, real feel 15 degrees in most of New Jersey. That’s too cold for this blogger. That’s an extra-large cup of coffee for the ride to work. That’s two-layers of clothing to walk the dog. That’s dry skin, chapped lips, runny nose, stinging eyes kind of cold. It can also be sit by a fire with…

Drug & Device Law

Plaintiffs Win – The Public Loses

January 20, 2020

When we were still (relatively) young lawyers, we defended Bendectin cases. There was nothing wrong with Bendectin – the litigation produced Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court’s landmark decision on excluding bogus expert testimony, and numerous other decisions, state and federal, excluding “junk science.” Nonetheless, Bendectin’s primary use was as a treatment for morning sickness, and morning sickness occurs at the same time as do many fetal birth…

Drug & Device Law

Shameless Plug Redux – CLE Webinar on Best/Worst Cases of 2019

January 19, 2020

Yesterday, Bexis was staring at a weather forecast featuring rain, snow, and freezing temperatures: In other words, a perfect day for sitting inside and finalizing PowerPoint slides further analyzing the worst cases and the best cases of 2019. As a friendly reminder to our loyal readers, this Friday, January 24 at 12 p.m. EST, four of your bloggers (Bexis, Steven Boranian, Steve McConnell, and Rachel Weil) will be presenting a free 90-minute webinar on “The…

Drug & Device Law

Breaking News – Supreme Court Personal Jurisdiction Certiorari Grants

January 18, 2020

Today the Supreme Court agreed to take another shot at “stream of commerce” personal jurisdiction in two automotive cases. Here are the case pages at SCOTUSBlog: Ford Motor Co. v. Bandemer, No. 19-369, and Ford Motor Co. v. Montana Eighth Judicial District Court, No. 19-368. The decisions being appealed are Bandemer v. Ford Motor Co., 931 N.W.2d 744 (Minn. 2019), and Ford Motor Co. v. Montana Eighth Judicial Dist. Court, 443 P.3d 407…

Drug & Device Law

State Court Reservations Cancelled for Litigation Tourists in Philadelphia Mesh Litigation

By Rachel B. Weil

January 17, 2020

We have been accused of using this Blog as our personal travelogue, posting details of our various adventures notwithstanding the tenuous-at-best connections to the case descriptions that follow. Guilty. Today, for example, we wanted to let you know that you should not miss the opportunity for a visit to the hallowed Bluebird Cafe if you find yourself in Nashville. This tiny venue, featured on the “Nashville” television show, has been a launching pad for the…

Drug & Device Law

Another Good Pradaxa Preemption Ruling—This One In California

By Steven Boranian

January 16, 2020

We were going back through some old cases the other day and came across a gem from our hometown court right here in in San Francisco. It caught our eye because it deals with an angle of federal preemption on which we have written before and which we think is underappreciated, so we’re going to write about it again. The issue is implied preemption, more specifically implied preemption where the plaintiff cannot produce “newly acquired…

Drug & Device Law

Court Rolls Up CBD Class Action (at least for now)

By Stephen McConnell

January 15, 2020

We keep reading in Law360 and other publications about defense law firms that are ramping up cannabis practice groups. Our own firm is one of them. These developments sparked an interest. After all, won’t many of the principles we’ve worked with over the years for prescription and OTC medications apply to pot and its dressed-up cousins? Or is that just wacky? We’d like to be invited to join a CBD group, even as an…

Drug & Device Law

Lanham Act Claim Dismissed as Usurping FDA Authority

By Michelle Yeary

January 14, 2020

While the focus of this blog is on product liability cases, we have had occasion to touch upon Lanham Act cases involving litigation between commercial competitors. One reason is because Lanham Act cases provided significant early precedent for the principle that FDA exclusive enforcement powers prohibit plaintiffs from bringing what amount to private FDCA violation claims in the guise of private civil litigation. You’ll find no shortage of posts here expounding that 21 U.S.C. §337(a)…

Drug & Device Law

Spoliation & Third Party Subpoenas

January 13, 2020

Someone asked us the other day whether spoliation sanctions could lie against a non-party for alleged loss/destruction of electronically stored information sought through a third-party subpoena. On the one hand, assuming there is personal jurisdiction, the substantive discovery rules do not vary between parties and non-litigants subjected to valid subpoenas. On the other hand, other than monetary sanctions, Rule 37(e), regarding discovery sanctions for spoliation appears directed solely against parties. So we thought we’d…

Drug & Device Law

Shameless Plug – CLE Webinar on Best/Worst Cases of 2019

January 11, 2020

Over the past few weeks, our loyal readers have descended into the “Stygian Depths” and then climbed to the “Elysian Fields” with us as we reviewed the 10 worst and 10 best cases of 2019. If you found yourself wanting more information on these cases and their impact – perhaps with a side of CLE credit – we’re pleased to announce that four of your bloggers (Bexis, Steven Boranian, Steve McConnell,…

Drug & Device Law

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New Jersey Gives PMA Medical Device Case the Cold Shoulder

Plaintiffs Win – The Public Loses

Shameless Plug Redux – CLE Webinar on Best/Worst Cases of 2019

Breaking News – Supreme Court Personal Jurisdiction Certiorari Grants

State Court Reservations Cancelled for Litigation Tourists in Philadelphia Mesh Litigation

Another Good Pradaxa Preemption Ruling—This One In California

Court Rolls Up CBD Class Action (at least for now)

Lanham Act Claim Dismissed as Usurping FDA Authority

Spoliation & Third Party Subpoenas

Shameless Plug – CLE Webinar on Best/Worst Cases of 2019

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