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Not Just a Rubber Stamp: FDA Revises Its 510(k) Refuse to Accept Policy

Is the decision to submit a 510(k) application versus a Premarket Application (PMA) at the sole discretion of a medical device manufacturer? The answer is not always clear to product liability lawyers, judges, and juries. FDA...more

Going Paperless: What Manufacturers Need to Know Before Digitizing Warnings

By the time the COVID-19 pandemic began, society was well into the so-called “Digital Age,” relying heavily on electronic communications, apps, websites, and the like to go about daily activities. Everything from ordering...more

Witness Coaching by Whisper Leads to Sanctions for Defense Witness and Attorney

As noted in two prior posts, one on May 15, 2020, and the other on May 29, 2020, the COVID-19 pandemic and the resulting explosion in the use of remote depositions present a number of novel issues for lawyers to consider,...more

FDA Releases Guidance Requiring Notification of Certain Medical Device Shortages Related to COVID-19 Testing and Treatment

Medical supply shortages have been in the limelight since COVID-19 barreled into the U.S. and many manufacturers have been doing all they can to answer the call for more supplies. In response to this issue and recently passed...more

Judges to Decide Whether Manufacturers Meet “Clear Evidence” Impossibility Preemption Standard, Supreme Court Says

The U.S. Supreme Court issued its potentially most significant preemption decision in several years, Merck Sharp & Dohme Corp. v. Albright, 587 U.S. ____ (2019), reversing what some had dubbed the worst drug and device...more

4 Steps to Setting Up Bellwether Trial Victories: Stock, Screen, Steer and Substitute

Upon creation of multidistrict litigation involving a drug or medical device, companies may contemplate the dreaded “S-Word” —“settlement.” While an early settlement program can sometimes serve as in-house counsel’s best...more

Alabama Governor Signs Bill Quashing Innovator Liability Claims

On May 1, 2015, Alabama Governor Robert Bentley signed SB80, which expressly bars liability claims against manufacturers that did not design or make the product that a plaintiff actually ingested or used. While at first...more

Supreme Court to Answer Question of Whether Evidence Is Required for Removal to Federal Court

Is "a short and plain statement" of the grounds for removal sufficient to remove a case to federal court? Or must a defendant supply admissible evidence in its notice of removal to prove amount in controversy? The Supreme...more

Coveting Characters: Navigating FDA's Draft Guidance on Social Media

Last week the U.S. Food and Drug Administration (FDA) issued two long-awaited draft guidances on social media: Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation About Prescription Drugs and...more

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