Civil Procedure – May 23, 2012

by Dechert LLP on 5/16/2012

In a pair of precedential opinions, the Third Circuit affirmed today the dismissal - for lack of standing- of the Intron off-label promotion RICO class action....more

by Cadwalader, Wickersham & Taft LLP on 5/15/2012

Originally published in New York Law Journal - Volume 247—NO. 85, Thursday, May 3, 2012. On April 10, 2012, the U.S. Court of Appeals for the Second Circuit in In re Quigley issued an opinion adopting a narrow...more

by Dechert LLP on 5/10/2012

To us, sometimes plaintiffs’ lawyers sound like Cary Grant. You know, “Duty, Duty, Duty.” (By the way, “Judy, Judy, Judy” is a famous misquote. Cary Grant never once said it in a movie. But he did say it here – at the...more

by Dechert LLP on 5/9/2012

We can't say much about it because of Dechert's involvement in the Reglan/metoclopramide litigation, but Judge Higbee has ruled on on generic preemption under Mensing. There are two opinions. The first, In re Reglan...more

by Dechert LLP on 5/9/2012

In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more

by Dechert LLP on 5/3/2012

The First Circuit decided Bartlett v. v. Mutual Pharmaceutical Co., No. 10-2277, slip op. (1st Cir. May 2, 2012) today - suggesting that it is the worst court of appeals in the country for defendants in prescription...more

by Dechert LLP on 5/2/2012

We’ve learned of another win for removal before service in our local federal court, the Eastern District of Pennsylvania. In Boyer v. Wyeth Pharmaceuticals, Inc., C.A. No. 12-739, slip op. (E.D. Pa. April 25, 2011), the case...more

by Sedgwick LLP on 5/2/2012

It's a Whopper of a case. Following Burger King's alleged service of a "spit burger," the Ninth Circuit Court of Appeals has certified the following question to the Washington Supreme Court: Does the Washington Product...more