Drug & Device Law

DECEMBER 20, 2023

We are even more likely to blog about a case if it follows up on an earlier decision about which we scribbled. We have blogged about this prosecution twice before. After the verdict, the defendants filed post trial motions challenging the convictions as violations of the executives’ first amendment rights.

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Drug & Device Law

OCTOBER 11, 2023

Rule 16 : Amend to add privacy and cybersecurity as topics for prompt pre-trial consideration. The Blog has compiled an “ E-Discovery for Defendants Cheat Sheet ” (yes, we know, it needs updating) of decisions favoring defendants seeking discovery of plaintiffs’ social media activity. We also have another concern. The court in Bell v.

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Drug & Device Law

JUNE 23, 2023

We’ve blogged before about the plaintiffs’ self-defeating “injury” definition in the Taxotere mass tort litigation. Plaintiff Adams’ “sworn testimony and plaintiff fact sheet” established that she blew the statute of limitations by some eight years. This wasn’t a close case. at *34-35.

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Drug & Device Law

JUNE 13, 2023

In the “ 50-State Survey of State Court Decisions Supporting Expert-Related Judicial Gatekeeping ,” the Drug & Device Law Blog (the Best Blog on the Planet) describes West Virginia as a “gatekeeper” state because of cases reflecting adoption of the Daubert analysis of W. 702 by the Supreme Court of Appeals of West Virginia.

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Drug & Device Law

FEBRUARY 20, 2023

That the product had been approved in “other countries” could not create a triable issue of fact because, even for other uses that the FDA eventually allowed, the necessary clinical trials had not been completed in 2010. 7, 2022), which addressed the same question in the context of the admissibility of expert testimony. See Davis v.

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Drug & Device Law

DECEMBER 28, 2022

Forward is more fun, as we scan a schedule full of motions, MDL decision-trees, and trials in, er, challenging jurisdictions. Enterprising plaintiff lawyers are exploiting the many residents of drug and device supply chains to gin up personal jurisdiction by finding local players (raw material suppliers, clinical trials, etc.)

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Drug & Device Law

DECEMBER 27, 2022

What follows is from the non-Dechert side of the Blog. Reliance on “animal data” – another notorious and frequent error common in unreliable expert testimony. 3d 1152 (S.D. at 83 (citation and quotation marks omitted). None of the ten epidemiological studies on ranitidine (summarized at id.

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Drug & Device Law

DECEMBER 5, 2022

Ultimately, the thumb that Freeman put on the scale didn’t matter, because the defendant won at trial despite that handicap. The Blog examined the excesses of such litigation here , here , and here , among other posts. 239, 253 (2012) (which the Blog discussed here ). Fox Television Stations, Inc. , Petition at 13.

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Drug & Device Law

FEBRUARY 25, 2022

Courtesy of the Second Circuit, as we blogged here , Connecticut will be the second state high court to determine whether state law allows a “warning” claim based on another of the other side’s favorite preemption avoidance theories ? Notice how admissibility of expert testimony under Fed. case ( Conte ) in 2009. SC20607 (Conn.

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Drug & Device Law

FEBRUARY 23, 2022

The mesh patient’s husband was the sole remaining plaintiff due to the wife-plaintiff being estopped by her failure to list the claim as an asset in her bankruptcy (bankruptcy estoppel is a procedural pitfall that happens more than you might think, and we’ve blogged about it ). So much for the failure to warn claim.

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Drug & Device Law

JANUARY 28, 2022

Thanks to the Connecticut Supreme Court, blog readers can stop staring with guilt and/or determination at that copy of Moby Dick on the bookshelf and instead print a sprawling copy of Fajardo v. The trial court determined that there was insufficient evidence of a safer reasonable alternative design to warrant the instruction.

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