Searching Content indexed under Professional Negligence by Reed Smith ordered by Published Date Descending.
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PMA Preemption Win That Checks All The Boxes
Did you ever read something and think – I couldn't have said it better myself. Sometimes we read opinions that give us just that feeling.
United States
14 Oct 2019
Plaintiff's Pyrrhic Pradaxa "Victory"
Various plaintiff-side consortia have taken it into their heads to sue every manufacturer of so-called "novel oral anticoagulants"
United States
26 Sep 2019
Lack Of Personal Jurisdiction And Dearth Of Plausible Claims Doom District Of Arizona Infuse/Spinal Fusion Device Case
We were in western Tennessee last week for an argument. We stayed at a beautiful and venerable hotel, most famous for twice-daily "march of the ducks."
United States
23 Sep 2019
Georgia Court Makes Short Work Of PMA Medical Device Case
It's not a long decision – but there's still a lot to it. Maybe that's because there wasn't a lot to plaintiff's complaint. Regardless, Sharp v. St. Jude Medical, S.C., Inc., 2019
United States
2 Sep 2019
Excellent Infuse Preemption Decision Out Of Eastern District Of Michigan
On our office bulletin board, we keep a post-it listing the states we have not yet visited. We are down to ten, and we expected to cross Oregon off after a deposition last week.
United States
7 Aug 2019
Fraudulent Joinder And Misjoinder Arguments Prevail In Missouri
The manufacturer defendant, who was not a Missouri resident, removed the case to federal court alleging both fraudulent joinder as to the surgical center and misjoinder as to the driver of the car.
United States
2 Aug 2019
Massachusetts Requires Expert Testimony For Pharmacist Malpractice Claim
We are going to take today's decision a little out of order because we think the outcome is fairly easily surmised from our title – plaintiff couldn't sustain his claim because he didn't have admissible expert testimony.
United States
22 Jul 2019
How Does Vagueness Affect Negligence Per Se Claims?
We've mentioned before that negligence per se requires a claimed violation of a definite enactment – like a 70 mile per hour speed limit – that can substitute for the ordinary negligence
United States
15 Jul 2019
Missouri Federal Court Finds No Specific Jurisdiction Over Kansas Knee Implant
Missouri courts keep showing us surprisingly good things on the personal jurisdiction front. In Mitchell v. DePuy Orthopaedics, Inc., 2019 U.S. Dist. LEXIS 92621 (W.D. Missouri June 3, 2019),
United States
24 Jun 2019
Smoked Turkey For Barbecue Season
Our days of the week are mostly named based on Norse mythology, but our months are firmly Roman.
United States
20 Jun 2019
Another California Action In Which Private Plaintiffs Are Seemingly Enforcing The FDCA
The decision in Riera v. Somatics, LLC, 2018 WL 6242154 (C.D. Cal. Sept. 14, 2108), comes from California.
United States
29 Apr 2019
On "Buckmanizing" The Controlled Substances Act
This isn't the first time, but the Blog has a problem with its reporting on cases decided in the ongoing "Opioid" litigation.
United States
8 Jan 2019
Texas Appellate Court Affirms Doctor's Criminal Conviction For Back Surgery Gone Wrong
Today's case is, we think (and certainly hope), unlike any other case we have discussed in 2018.
United States
27 Dec 2018
No Private Right Of Action To Enforce Controlled Substances Act
We typically steer clear of discussing any opioid cases for client reasons.
United States
7 Dec 2018
Trying To Reheat A Turkey
As we roll out of bed on the day after Thanksgiving, we are often confronted with contradictory thoughts.
United States
28 Nov 2018
D. Colorado Applies Learned Intermediary Rule To Medical Devices
A federal judge in one of our non-drug or device cases recently informed the parties that he was so busy with his criminal docket that it might be better to let the magistrate judge take over our case, including trial.
United States
13 Nov 2018
Buckman Preemption Fatal To Claim For Violation Of The FDCA In IVC Filter Case
Next week, under pressure from the Drug and Device Law Lifelong Best Friend, we are participating in a "murder mystery dinner theatre" in the "conservatory" of a local cemetery.
United States
8 Oct 2018
C.D. Cal. Dismisses Lexapro Suicide Case
The toughest thing about defending product liability cases is the occasional immersion in human misery.
United States
28 Sep 2018
Better Late Than Never – Risperdal Plaintiff Verdict Tossed Out
We've written about a lot of Risperdal summary judgment wins. No medical causation, no warnings causation (learned intermediaries aware of risks), no alternative design, no fraud.
United States
27 Sep 2018
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