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1
Guest Post – Revisiting The Third Circuit's Struggles With Design-Defect Preemption
Today we have another guest post by long-time friend of the blog, Dick Dean, and his colleague at Tucker, Ellis, Mike Ruttinger.
United States
20 Nov 2018
2
Biomaterials Access For The 21st Century
We've blogged several times about the Biomaterials Access Assurance Act of 1998, 21 U.S.C. §§1601-06.
United States
15 Nov 2018
3
The Diagnostic Artificial Intelligence Speedbump Nobody's Mentioning
The 21st Century Cures Act is noteworthy as the first legislative attempt at regulating artificial intelligence ("AI") in the medical field. The Act added this provision to the FDCA:
United States
13 Nov 2018
4
Updating Our Post-Bauman 50-State Survey On General Jurisdiction By Consent
Pennsylvania Fire cannot be divorced from the outdated jurisprudential assumptions of its era.
United States
7 Nov 2018
5
Fosamax In U.S. Supreme Court – Justice Alito Un-Recuses
An unexpected bit of good news as we go into November. Bexis will be presenting at the Reed Smith annual client CLE program on big-deal pending cases.
United States
6 Nov 2018
6
Pennsylvania Preemption Win Now Final
A year and a half ago we celebrated a rare prescription drug preemption win in the Philadelphia County Court of Common Pleas.
United States
2 Nov 2018
7
On Prevention Of Federal Fraud On The FDA Claims That Avoid Buckman
Private plaintiffs love to scream "fraud on the FDA"! Agency fraud is their magic potion for dissolving any FDA action that they don't like.
United States
1 Nov 2018
8
Extracting A Toll From Litigation Tourists
Not long ago we published, as a guest post, a 50-state survey of state tolling statutes that governed whether, and under what circumstances, actions dismissed on a non-merits basis...
United States
23 Oct 2018
9
Guest Post – What Does Your Dismissal Without Prejudice Mean? − A 50 State Survey Of Savings Statutes
Today's guest post was is a group effort of Betsy Chance, Diana Comes, and Mac Plosser, all at the Butler Snow firm.
United States
19 Oct 2018
10
Twiqbal For Defendants? Not If We Can Help It.
We're blogging today because of an annoyance – another of these nuisance motions filed by plaintiffs that should be skirting the border of Rule 11, but unfortunately isn't.
United States
16 Oct 2018
11
Even In California, Failure To Report Requires Something Reportable
It would seem to go without saying that for a defendant to be liable for the purported "common-law" claim of failure to report adverse events to the FDA, there must actually be some adverse events that needed to be reported.
United States
12 Oct 2018
12
Can We Play, Too?
Not too long ago we read a non-drug/device decision, Hale v. State Farm Mutual Automobile Insurance Co., 2018 WL 3241971 (S.D. Ill. July 3, 2018), which left us shaking our heads.
United States
10 Oct 2018
13
United States
6 Oct 2018
14
The Next Lexecon?
We had occasion not long ago to reread closely Lexecon v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), the Supreme Court decision that clipped the wings of transferee judges...
United States
3 Oct 2018
15
Heck No, FDCA Violations Can't Be Inferred Merely From Product Malfunctions
We recently commented on Sumpter v. Allergan, Inc., 2018 WL 4335519 (E.D. Mo. Sept. 11, 2018), for several reasons
United States
26 Sep 2018
16
Anatomy Of A Mass Tort 2.0
Over 11 years ago the blog published a post called "Anatomy of a Mass Tort," which endeavored to explain the life cycle of this type of litigation.
United States
24 Sep 2018
17
So-Called "Death Panel" Affirmance Explores Off-Label Use Boundary
Although they have nothing to do with the Affordable Care Act, health-care-related so-called "death panels" do exist.
United States
18 Sep 2018
18
Re-Examining The Ethics Of Removal
In the early days of the Blog, in 2009, when Bexis and Mark Herrmann were operating in relative obscurity, we posed the question whether it was ethical to remove to federal court a case that may well be non-removable and hope that opposing counsel is "asleep at the switch":
United States
12 Sep 2018
19
United States
9 Sep 2018
20
Breaking News – Third Circuit Green Lights Pre-Service Removal
On August 17, 2018, we observed in our latest comprehensive post on pre-service removal, that "[w]ith Court of Appeals decisions now breaking in our favor
United States
5 Sep 2018
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