Topic
Parallel Claims
16 published works
Drug & Device Law
Stengel Revisited – We Simply Don’t Like It
As alluded to by Bexis last week, we know all about Stengel, but because of Reed Smith's involvement, this post is from the Dechert folks only.When we first reported on Stengel…
Drug & Device Law
Why Does the Parallel Violation Exception Remind us of Nietzsche and Frampton?
Last week saw the birth of the seven billionth current human on the planet. This week sees us comment on the parallel claim exception to Riegel preemption for what feels…
Drug & Device Law
Four More Reasons To Love TwIqbal
By Bexis
Bexis was away on vacation last week. When he returned, he found four more reasons why we (on the defense side) should love TwIqbal. These four opinions have been duly…
Drug & Device Law
Thoughtful PMA Preemption/Pleading Decision
By Bexis
We recommend the recent decision in White v. Stryker Corp., 2011 U.S. Dist. Lexis 32568 (W.D. Ky. March 25, 2011), as a thoughtful discussion of "parallel" violation claims and pleading…
Drug & Device Law
A warning about FDA warning letters
By dwalk
Lawyers for tort plaintiffs just love it every time the FDA issues a warning letter. To them, FDA warnings = liability (just don’t use the dirty word “preemption”). You can…
Drug & Device Law
Riegel At (Almost) Six Months
By Bexis
Not quite six months ago, the Supreme Court decided Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), but then again, most or our readers know that. Since then, our…