Topic
Failure to Warn
200 published works
Tort Talk
Strict Liability Failure to Warn Claims Fail Where Plaintiffs Did Not Read Warnings
In the case of Mains v. The Sherwin-Williams Co., 5:20-CV-00112 (E.D. Pa. Nov. 10, 2022 Gallagher, J.), the Eastern District Court of Pennsylvania addressed the validity of a warning defect…
Drug & Device Law
California Appellate Court Reaffirms Federal Preemption, Learned Intermediary Doctrine in Amiodarone Cases
A potential top-ten case came across our desks the other day, and even better, it comes out of our home state of California. In Amiodarone Cases, No. A161023, 2022 WL…
Drug & Device Law
Summary Judgment for Defendant on Warnings and Punitive Damages Claims in D. Ariz. Artificial Hip Case
Quick puppy update: the standard poodle puppies, one of which will be our first-ever show dog in a house filled with canine and feline rescued ragamuffins, are four weeks old…
Drug & Device Law
Lack Of Proximate Cause Evidence Dooms Misrepresentation And Warnings Claims
Under Fed. R. Evid. 9(b), “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” In our sphere, federal courts are quite variable…
Drug & Device Law
Applying the Helpful but Problematic New Jersey Statute Creating a Rebuttable Compliance Presumption, the Third Circuit Affirms Dismissal of a Failure-to-Warn Claim
A relatively short post about Greisberg v. Boston Scientific Corp., 2022 WL 1261318 (3d Cir. 2022), a short decision that came out the right way, but did so based on…
Drug & Device Law
S.D. Texas Dismisses Consortium Claim for Pre-Marital Injuries
Back by popular demand, here is the mesh case of the week: Clowe v. Ethicon, Inc., 2022 U.S. Dist. LEXIS 46387 (N.D. Texas March 16, 2022). There is a bit…
Drug & Device Law
Don’t Overlook “I Don’t Recall” Testimony
Today’s post is not about something cutting edge or controversial. It’s a don’t lose sight of the basics kind of post. Plaintiff bears the burden of proof on causation. In…
Drug & Device Law
Tipping the Scales on Failure to Report in Missouri
In our 50-state survey on failure to report claims, we described Missouri as an “up in the air” state, with courts on both sides of the issue failing to cite…
Drug & Device Law
More on a Great D.N.J. Decision Dismissing Two Plaintiffs’ Hernia Mesh Claims
We have promised ourselves that we will stream this week’s “This Is Us” episode when we finish this blog post. We love this series beyond reason, and we dread its…
Drug & Device Law
W.D. Texas Dismissal of Peyronie’s Disease Claims in Johnson Case
It has been a while since we’ve written about a case delivering a one-two punch against a plaintiff suing both brand and generic drug manufacturers for alleged injuries from ingesting…