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James Beck
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
Bexis
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
Bexis
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
Eric Alexander
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
Bexis
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
John S
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
Bexis
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
Bexis
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
Michelle Yeary
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
John S
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
Michelle Yeary
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
Eric Alexander
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
John S
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
Michelle Yeary
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
Bexis
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
Bexis
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
Bexis
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
Michelle Yeary
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
Eric Alexander
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
Rachel B. Weil
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
Bexis
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
John S
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
Rachel B. Weil
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
Michelle Yeary
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