We have a case going on where the plaintiff wants to preclude the use of a term found in his medical records to describe something that happened to him in the past that is highly relevant to the claims and injuries in the case. Instead of using the actual term, which was also used in
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Magnuson Moss Cannot Be Applied Extraterritorially
By Bexis
Particularly in economic loss class actions, we occasionally have to deal with claims involving the Magnuson Moss Warranty Act (“MMWA”). Thus, we have covered MMWA issues before. Here’s another one. In In Re Hill’s Pet Nutrition, Inc., Dog Food Products Liability Litigation, 2022 WL 1641291 (D. Kan. May 24, 2022), the court held that…
Minnesota Court Holds that Dispute with Compounder is Preempted
We are always delighted to find a case that bars a claim based on FDA preemption, but Nexus Pharms., Inc. v. IntegraDose Compounding Servs., LLC, 2022 Minn. Dist. LEXIS 1734 (Minn. 4th Dist. May 24, 2022), is unusual. It is not a product liability case. Rather, a pharmaceutical company sued a compounder for fraudulently stealing…
Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs
By Bexis
Given what we saw in states such as Mississippi, Oklahoma, and Idaho even before the Supreme Court’s in Dobbs v. Jackson Women’s Health Org., ___ S. Ct. ___, 2022 WL 2276808 (U.S. June 24, 2022), we fully expect attempts by such states to ban FDA-approved prescription drugs that can be used to bring…
Plaintiff Loses Motion for New Trial in N.D. Illinois Hernia Mesh Case
This post is from the non-Dechert side of the blog.
Before we get to today’s case, we fondly tip our hat to the Westminster Kennel Club Dog Show, held (and televised) last week. Regular readers know how much we love this annual event and also may recall that our “heart breed” is the Standard Poodle. …
FDCA-Based Negligence Per Se & Informed Consent Don’t Mix
By Bexis
Summary judgment was affirmed in Vesoulis v. ReShape LifeSciences, Inc., 2022 WL 989465 (5th Cir. April 1, 2022), although the recent troubling trend towards non-precedential defense wins but precedential defense losses continues. Vesoulis was a one-off suit under Louisiana law against the manufacturer of a pre-market (“PMA”)-approved medical device and the implanting – or, more…
No Personal Jurisdiction Over Component Supplier Under New York’s Long-Arm Statute
We’re pragmatic geeks. That means we love personal-jurisdiction issues. This year alone we’ve reported on personal-jurisdiction cases here, here, and here. And then yesterday we did it again. Although the decision we discussed yesterday, English v. Avon Products, Inc., — N.Y.S.3d —-, 2022 WL 1787160 (N.Y. App. 2022), was unfortunate in its…
Acquisition of Raw Materials does not Support Personal Jurisdiction
This is called the Drug and Device Law blog, but every once in a while we discuss cases that involve neither drugs nor devices. Usually that is because those cases offer lessons applicable in our subject matter area. Or – and this is a confession – sometimes those cases are simply fun. For example, we…
Alternative Designs in Kansas Must be Feasible and Adequate and Effective – Oh My
Perhaps not as menacing as Lions and Tigers and Bears (Oh my) – but feasible, adequate, and effective proved to be too much for plaintiff in Davis v. Johnson & Johnson, 2022 WL 2115075 (Jun. 9, 2022).
It is a remanded pelvic mesh case. On defendant’s motion to exclude certain testimony by plaintiff’s expert, most…
Questionable Treater Affidavit Insufficient Support For Defect Claim
We have written a number of posts about pelvic mesh cases over the years. Some of us have also worked on a number of cases. At this point, many cases have gone from MDL to local district court to judgment to appeal. Over time, the tide seems to have turned. That could be because the…