We have seen a number of consumer fraud class action cases brought over a range of fairly ticky tacky issues about OTC drugs and consumer products. California law and courts have been fairly favorable to these cases, which follow a
Latest from Drug & Device Law
D.N.J Dismisses Fluoroquinolone False Claims Act Case
Few things in the law are as subject to abuse as the False Claims Act, 31 USC section 3729 et seq. (the FCA). It was originally enacted to stop massive frauds perpetrated by large contractors during the Civil War. Now
Federal Subpoena Power is Limited and Does Not Bend to Convenience
Remember the case we told you about last week where the court shutdown plaintiff’s attempt to use non-mutual offensive collateral estoppel? Well, that wasn’t that plaintiff’s only loss that week. In a companion decision, the court also rejected plaintiff’s attempt
FCA Verdict Slashed as Unconstitutional Excessive Fine
The result for the defendant (a “distributor of ophthalmologic supplies”) in the False Claims Act decision, United States ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc., ___ F. Supp.3d ___, 2024 WL 489708 (D. Minn. Feb. 8, 2024), was so terrible
Tracks of My Tears – Narrowing of Economic Loss Class Claims in Kentucky
Released in 1965 by the Miracles, “The Tracks of My Tears” is ranked by Rolling Stone as the “Greatest Motown Song of All Time.” Smokey Robinson’s lead vocals are pure silk, the harmonies ooze soul, and the guitar
Preemption and Recalls
We write a lot of briefs involving federal preemption and Class III medical devices with premarket approval (or “PMA”). Many of those briefs are in support of motions to dismiss lawsuits brought by attorneys who don’t regularly practice in the
Hip Implant MDL Remand Court Denies Plaintiff’s Request for Nonmutual Offensive Collateral Estoppel
Coblin v. Depuy Orthopaedics, Inc., 2024 U.S. Dist. LEXIS 62114 (E.D. Kentucky April 4, 2024) is the ultimate dodged bullet. It is part of a multidistrict litigation. That’s bad enough. Then it gets worse. It’s not just any MDL, it’s the
NJ Economic Loss Class Action Dismissed for Lack of Standing
We have previously analogized that when a case is dismissed for failure to state a claim under Rule 12, that is like the plaintiff not even getting to first base. And that when a complaint is dismissed for lack of
Remote Depositions in MDLs 2.0
One of the blogposts that generated a lot of “Thanks, I needed that” responses from our readership was our 2022 post, “Remote Depositions in MDLs.” For that reason, we have updated it by adding references to additional MDL
California Supreme Court Hears Argument On Learned Intermediary Doctrine
We observed oral argument the other day before the California Supreme Court in Himes v. Somatics, a case that places California’s learned intermediary doctrine squarely in the spotlight. A learned intermediary case before the California Supreme Court? For your ever-vigilant