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6/10/16

To Stay Informed Sign Up Now for the New Drug & Device Law Blog

Despite all the notices we sent out, many of you on the old Google email list haven't yet signed

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To Stay Informed Sign Up Now for the New Drug & Device Law Blog

Despite all the notices we sent out, many of you on the old Google email list haven't yet signed

6/10/16

5/20/16

SPECIAL ANNOUNCEMENT – WE’RE MOVING THE BLOG THIS WEEKEND

As you've probably gathered from our posts this week, the Drug and Device Law blog is going on a

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SPECIAL ANNOUNCEMENT – WE’RE MOVING THE BLOG THIS WEEKEND

As you've probably gathered from our posts this week, the Drug and Device Law blog is going on a

5/20/16

5/20/16

Guest Post - The Connecticut Supreme Court Modifies The State’s Consumer Expectation Test By Adopting The Modified Test

Today's guest post is by Adam M. Masin, a partner at Shipman & Goodwin LLP. It's

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Guest Post - The Connecticut Supreme Court Modifies The State’s Consumer Expectation Test By Adopting The Modified Test

Today's guest post is by Adam M. Masin, a partner at Shipman & Goodwin LLP. It's

5/20/16

5/19/16

Trimming Some Fat From Statin Litigation With Daubert and Preemption

One of the greatest spectacles on earth is the annual migration of wildebeest, zebras, and antelope

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Trimming Some Fat From Statin Litigation With Daubert and Preemption

One of the greatest spectacles on earth is the annual migration of wildebeest, zebras, and antelope

5/19/16

Stephen McConnell

5/18/16

Mass Appeal of Off Label Use

Hardly a week goes by without our blogging about accusations of off label promotion. This week is no

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Mass Appeal of Off Label Use

Hardly a week goes by without our blogging about accusations of off label promotion. This week is no

5/18/16

5/17/16

Guest Post − Implied Certification: An Eradicated Pest or Here to Stay?

Today's guest post is courtesy of Reed Smith's Lindsey Harteis. She's been following the

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Guest Post − Implied Certification: An Eradicated Pest or Here to Stay?

Today's guest post is courtesy of Reed Smith's Lindsey Harteis. She's been following the

5/17/16

5/16/16

New York Appellate Division Rejects Parallel Violation Claims Based on Off-Label Promotion

This post comes from the Cozen O'Connor side of the blog. Last week, the New York Appellate

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New York Appellate Division Rejects Parallel Violation Claims Based on Off-Label Promotion

This post comes from the Cozen O'Connor side of the blog. Last week, the New York Appellate

5/16/16

5/13/16

Yet Another Failure-To-Update Claim Bites the Dust

In terms of the legal gyrations plaintiffs try to avoid preemption, we've already expressed our

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Yet Another Failure-To-Update Claim Bites the Dust

In terms of the legal gyrations plaintiffs try to avoid preemption, we've already expressed our

5/13/16

5/12/16

Guest Post – Highlights of FDA Draft Guidance on 3D Printing

Another guest post today, this one by Reed Smith's Matt Jacobson on the draft guidance document

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Guest Post – Highlights of FDA Draft Guidance on 3D Printing

Another guest post today, this one by Reed Smith's Matt Jacobson on the draft guidance document

5/12/16

Stephen McConnell

5/11/16

Zofran MDL Jurisdictional Analysis Bounces Non-Missouri Plaintiffs

Over the years we have completed many written evaluations of young associates, and the first category

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Zofran MDL Jurisdictional Analysis Bounces Non-Missouri Plaintiffs

Over the years we have completed many written evaluations of young associates, and the first category

5/11/16

5/10/16

Failure to Train Preempted in California

This post is from the non-Reed Smith side of the blog. In Glennen v. Allergan, Inc., -- Cal. Rptr.3d

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Failure to Train Preempted in California

This post is from the non-Reed Smith side of the blog. In Glennen v. Allergan, Inc., -- Cal. Rptr.3d

5/10/16

5/9/16

When You’re In, You’re All In

This post comes from the Cozen O'Connor side of the blog. Drug and device lawsuits fling open the

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When You’re In, You’re All In

This post comes from the Cozen O'Connor side of the blog. Drug and device lawsuits fling open the

5/9/16

5/6/16

Don't Mess With Texas

This post is from the non-Reed Smith side of the blog. We found it strange that last month's

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Don't Mess With Texas

This post is from the non-Reed Smith side of the blog. We found it strange that last month's

5/6/16

Steven Boranian

5/5/16

[Drug and Device Law] Court Says Auf Wiedersehen To Plaintiffs Under Forum Non Conveniens

We generally file motions to dismiss for forum non conveniens under one of two circumstances. Most

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[Drug and Device Law] Court Says Auf Wiedersehen To Plaintiffs Under Forum Non Conveniens

We generally file motions to dismiss for forum non conveniens under one of two circumstances. Most

5/5/16

5/4/16

Some Case-by-Case Comment K Mixed with Some Insufficient Pleading of Fraud

In Hawaii, from whence today's case comes, tourists are encouraged to try poi, mashed up taro

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Some Case-by-Case Comment K Mixed with Some Insufficient Pleading of Fraud

In Hawaii, from whence today's case comes, tourists are encouraged to try poi, mashed up taro

5/4/16

Stephen McConnell

5/3/16

Texas Federal Court Says Device Manufacturer is not a Health Care Provider, but also not a Seller

Sometimes it takes us a while to catch on to things. This is more than a little embarrassing for a

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Texas Federal Court Says Device Manufacturer is not a Health Care Provider, but also not a Seller

Sometimes it takes us a while to catch on to things. This is more than a little embarrassing for a

5/3/16

5/2/16

Eleventh Circuit Upholds Exclusion of Expert or . . . Not Hooked on a Feeling

In Witt v. Stryker Corp., 2016 WL 1583816 (11 th Cir. Apr. 20, 2016), a Daubert decision in a Stryker

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Eleventh Circuit Upholds Exclusion of Expert or . . . Not Hooked on a Feeling

In Witt v. Stryker Corp., 2016 WL 1583816 (11 th Cir. Apr. 20, 2016), a Daubert decision in a Stryker

5/2/16

Steven Boranian

4/29/16

[Drug and Device Law] Preemption: Oregon Has Not Gone Bananas

Can you get sued over a picture of a banana? It seems the answer might depend on where you live and

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[Drug and Device Law] Preemption: Oregon Has Not Gone Bananas

Can you get sued over a picture of a banana? It seems the answer might depend on where you live and

4/29/16

4/28/16

Complete PMA Preemption Win in Texas

We talk a lot about PMA preemption on this blog. And why shouldn't we. It's probably been the

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Complete PMA Preemption Win in Texas

We talk a lot about PMA preemption on this blog. And why shouldn't we. It's probably been the

4/28/16

Stephen McConnell

4/27/16

C.D. Cal. Dismisses Infusion Pump Complaint

The plaintiff in Frere v. Medtronic, Inc., 2016 WL 1533524 (CD Cal. April 6, 2014), was an 80 year-

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C.D. Cal. Dismisses Infusion Pump Complaint

The plaintiff in Frere v. Medtronic, Inc., 2016 WL 1533524 (CD Cal. April 6, 2014), was an 80 year-

4/27/16

4/26/16

Handy-Dandy Checklist for Admissibility of Electronic Evidence

For years we've advocated about ediscovery for defendants – consisting mostly of material

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Handy-Dandy Checklist for Admissibility of Electronic Evidence

For years we've advocated about ediscovery for defendants – consisting mostly of material

4/26/16

4/25/16

Discovery − Oppenheimer’s Half Life Has Long Been Exceeded

As we've discussed previously, and as the legal profession is by now well aware, the discovery

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Discovery − Oppenheimer’s Half Life Has Long Been Exceeded

As we've discussed previously, and as the legal profession is by now well aware, the discovery

4/25/16

4/22/16

Innovator Drug Impossibility Preemption and the Meaning of “A Fortiori”

According to Black's Law Dictionary, “a fortiori” is legal Latin meaning: By even greater force

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Innovator Drug Impossibility Preemption and the Meaning of “A Fortiori”

According to Black's Law Dictionary, “a fortiori” is legal Latin meaning: By even greater force

4/22/16

4/21/16

Georgia MDL Court Muddles Utah Law

We aren't going to mince words today. We don't like Christiansen v. Wright Medical Technology

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Georgia MDL Court Muddles Utah Law

We aren't going to mince words today. We don't like Christiansen v. Wright Medical Technology

4/21/16

4/20/16

TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose

In third party payor litigation over prescription medical products, we have often marveled at the

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TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose

In third party payor litigation over prescription medical products, we have often marveled at the

4/20/16

4/19/16

Gutsy Gatekeeping: Plaintiffs’ Experts Excluded in Lipitor MDL

This week, as Drug and Device Law Jews, we are preparing for Passover, which, like most Jewish

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Gutsy Gatekeeping: Plaintiffs’ Experts Excluded in Lipitor MDL

This week, as Drug and Device Law Jews, we are preparing for Passover, which, like most Jewish

4/19/16

4/19/16

Breaking News – No General Jurisdiction by Consent in Delaware

From our prior personal jurisdiction posts concerning Daimler AG v. Bauman, 134 S. Ct. 746 (2014),

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Breaking News – No General Jurisdiction by Consent in Delaware

From our prior personal jurisdiction posts concerning Daimler AG v. Bauman, 134 S. Ct. 746 (2014),

4/19/16

4/18/16

Court Dismisses Medical Device Claims That Named Many Defendants But Picked None Of Them

In drug and device litigation, product identification can be a significant issue. Many of us have

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Court Dismisses Medical Device Claims That Named Many Defendants But Picked None Of Them

In drug and device litigation, product identification can be a significant issue. Many of us have

4/18/16

4/15/16

Summary Judgment for Defendants in FCA Action: No Admissible Evidence of False Claims

How much is “enough?” Will we have enough money to retire someday? Did the Drug and Device Law

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Summary Judgment for Defendants in FCA Action: No Admissible Evidence of False Claims

How much is “enough?” Will we have enough money to retire someday? Did the Drug and Device Law

4/15/16

4/14/16

Another Mediocre Decision on Ex Parte Contact with Treaters Has Us Thinking

It's only been one month since we posted about the disappointing decision in the Xarelto MDL

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Another Mediocre Decision on Ex Parte Contact with Treaters Has Us Thinking

It's only been one month since we posted about the disappointing decision in the Xarelto MDL

4/14/16

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