We brought you yesterday an example of a district court using Rule 23(d) to order a curative action vis-à-vis a putative class, but not in a good way. In that case, a medical device manufacturer initiated a recall of certain
Drug & Device Law Blogging Team
Drug & Device Law Blogging Team Blogs
Blog Authors
Latest from Drug & Device Law Blogging Team
Device Recall Notice Turned Into Plaintiff Lawyer Advertising?
When we tell people what we do, we often get a response, from lawyers and non-lawyers alike, to the effect of, “so you do class actions.” The somewhat canned response is that “serial product liability litigations” or “mass torts” rarely…
Taxotere MDL Denies Plaintiffs’ Attempt to Undo Lone Pine Order
Happy Taxotere Week to all who celebrate. We doubt that many of our plaintiff attorney friends will be putting out the bunting and frosting the cakes, as the Taxotere decisions we are discussing this week are mostly bad for…
Preemption and “Paper NDAs” – Perfect Together
By Bexis
Late last Friday, we learned of Hickey v. Hospira, Inc., ___ F.4th ___, 2024 WL 2513487 (5th Cir. May 24, 2024) (thanks, Dick!), becoming the first appellate decision holding that preemption applies to FDA approved prescription drugs that came…
Post-Gilead Heartburn in the California Ranitidine Litigation
This post is from the non-Reed Smith, non-Dechert , and non-Holland & Knight side of the blog. Everyone else is involved.
The Good, the Bad, and the Ugly is a classic Clint Eastwood spaghetti Western where even the Good may…
Federal Government Website Resources
By Lisa Baird
Every once in a while, we find ourselves on a federal government corner of the internet, and we usually are surprised to discover (or are reminded) that these webpages often have materials that are worth knowing about, even downright useful,…
E.D. Pa Delivers Dismissal of Product Liability Claims vs. Retailers
A long time ago, when we were wet behind the ears and still nervous about the prospect of drafting and arguing dispositive motions, we worked for a senior partner who taught us that clear writing flowed from clear thinking. If…
No Standing for No Injury Medical Monitoring Claim in West Virginia Federal Court
The 2024 Annual Meeting of the American Law Institute (“ALI”) got under way yesterday. Therefore, based on what happened last year (described in detail here), we assume we are on the brink of the ALI taking the monumentally non-restating…
The Non-Existent Tort of “Failure To Recall”
By Bexis
It seems like once every couple of weeks, we see a story about some plaintiff (such as this one) suing, or threatening to sue, a defendant product manufacturer over some product that, according to the plaintiff, “the company…
California Court Gets It Wrong On The PREP Act
The PREP Act is having a moment. Congress enacted the Public Readiness & Emergency Preparedness Act (“PREP Act”) in 2005 to ensure the availability of effective countermeasures in the event of public health emergencies. The declaration of COVID-19 as an…