Topic
Parallel Claims
16 published works
Drug & Device Law
It’s Never Too Late to Take Out the Laundry
One of our primary goals is to bring you the latest and greatest news in the drug and device litigation world. But sometimes we don’t learn of a case at…
Drug & Device Law
Failure to Report Claimed Allowed, But Plaintiff Shouldn’t Feel Bullish
This post is from the non-Reed Smith side of the blog only. We truly dislike decisions that find that claims of failure to report adverse events to the FDA are…
Drug & Device Law
Ghostbusters – Phantom “Parallel Claim” Exorcized by Generic Drug Preemption
By Bexis
With claims related to warnings, design, and recall all preempted, plaintiffs seeking to sue makers of generic drugs don’t have many options. After all, as we’ve discussed before, if state common law can’t…
Drug & Device Law
Bausch Strikes Again
We were both frustrated and unsurprised with the decision in Dwyer v. Boston Scientific Corp., 2015 WL 3384894 (Mass Sup. Ct. Apr. 2, 2015). Our frustration comes from the Court’s…
Drug & Device Law
An Error-free Seventh Circuit Medical Device Case
Today is National Grammar Day. Before anyone of our posts goes online, it dashes thorough a gauntlet of reviewers. Those reviewers collectively possess just the right amount of neurotic fastidiousness…
Drug & Device Law
Far from Dumbo: M.D. Fla. Gets “Parallel Claim” Case Right
This is the time of year when our thoughts start migrating southward. We can see all those birds’ nests in our suddenly denuded poplar trees. The driveway is a skating rink of…
Drug & Device Law
Removal of Discretion = Preemption
By Bexis
One of the big TwIqbal issues in PMA medical device preemption cases is whether plaintiffs can plead “parallel” claims based on allegations that defendants violated vague FDA regulations (typically involving Current Good Manufacturing…
Drug & Device Law
McBride v. Medtronic: Of Footnotes and Parallel Violations Claims That Have No Basis in State Law
This post is from the Dechert side of the blog only. McBride v. Medtronic, Inc., 2013 U.S. Dist. LEXIS 96438 (W.D. La. July 10, 2013), is an opinion in a…
Drug & Device Law
D.Md. Rejects Conclusory Parallel Violation Exception to Preemption
We like Riegel preemption because the oscillations of state tort juries should not supplant FDA regulation of medical devices. We like Twombly and Iqbal because plaintiffs should plead sensible facts…
Drug & Device Law
New Jersey Court Finds No Parallel Claim and No Component Liability
In a post Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), world – plaintiffs most often attempt to avoid preemption of products liability suits involving PMA (Premarket Approval) medical devices by…