When a case involves electroconvulsive therapy (ECT), one might think it originated out of the Twilight Zone. Despite the misrepresentation of such therapies in popular media, modern ECT serves as a valuable option for patients with certain severe mental health
Faeger Drinker on Products
Faeger Drinker on Products, published by Faegre Drinker Biddle & Reath, focuses on legal issues related to product liability and regulatory compliance for manufacturers. The blog covers topics such as FDA preemption in medical device litigation, jurisdictional challenges in toxic tort cases, legislative updates on tort reform, interpretations of statutes of repose in product claims, and evidentiary standards for expert testimony in product liability trials. It addresses the intersection of product manufacturing, litigation risks, and regulatory frameworks, providing insights relevant to companies facing complex legal challenges involving product safety and liability.
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No Defect, No Negligence: Lessons from Rudzinskas v. Retractable Technologies, Inc.
A recent summary judgment decision out of the Southern District of Georgia illustrates the critical role of defect evidence (or lack thereof) in negligence claims involving medical devices. As the plaintiff in Rudzinskas v. Retractable Technologies, Inc., No. 4:24-cv-009, 2025…
Standing on Shaky Ground: Product Recalls Alone Do Not Constitute an Injury in Fact
Cynics have long said that no good deed goes unpunished. Such can be the case with voluntary product recalls, which often engender litigation even by plaintiffs who have suffered no real injury and merely see an opportunity for a windfall.…
ChatGPT As Your New Testifying Expert Under Proposed Federal Rule of Evidence 707? Maybe Not.
Artificial intelligence is taking the world by storm, and the legal community is no exception. Tools that can reduce the time and cost of litigation have long been in high demand by both clients and counsel. But the tool must…
Clearing the Weeds: The Ninth Circuit Confirms that There is Not (And Never Has Been) a Presumption of Admissibility in Its Case Law Addressing Rule 702
The judge overseeing the In re Roundup Products Liability Litigation MDL once remarked that “When you [consider] Ninth Circuit law, you come away with a pretty strong feeling that the Ninth Circuit is more tolerant of shaky expert opinions than…