Civil Procedure Products Liability

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Recent Decision Opens State Courts to Claims by Nonresidents Concerning Nationally Marketed or Distributed Products

In a decision that should be of concern to any company that engages in national marketing campaigns or distributes products nationwide, the California Supreme Court has rolled out the welcome mat to nonresident plaintiffs who...more

Florida Tightens the Reins on Proving Causation in Asbestos Claims

On September 14, 2016, Florida joined a growing number of jurisdictions that reject the “any exposure” theory of proving causation. Variously known as the “cumulative exposure” or “each and every exposure” theory, it is based...more

Defendant Did Not “Fail to Warn” Where It Warned of Exactly What Happened to the Plaintiff’s Artificial Hip

We (in its blog-specific singular version) are longstanding country music fans. There is backstory – call us when you are in Philadelphia and we will tell you about it over coffee. Suffice it to say that Nashville, the Grand...more

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

Wisconsin Preemption Ruling Makes Our Cheese Curdle

A federal judge in Wisconsin issued an order a few weeks ago that covers two topics on which we often write—negligence per se and implied preemption. The two concepts are not unrelated. We most commonly see negligence per se...more

Causation Issues in Failure-To-Report Cases – Post-Stengel Precedent

As we blogged at the time, we believe that the Ninth Circuit made a historic error in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en banc), when it equated routine product liability inadequate warning claims...more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

Guest Post – With No General Causation Experts, Denture Cream Plaintiffs Drop Like Leaves In Autumn

Today we have a guest post from Reed Smith‘s Jaclyn Setili, about one of our pet peeves – MDL plaintiffs (and their counsel) who think they don’t have to do any work at all on their cases, and simply show up come settlement...more

Common Overcharges May Not Be So Common

Often, when a plaintiffs’ counsel seek to certify a class asserting a hard-to-prove financial injury, they will rely on a statistics or economics expert to demonstrate that there has been some kind of “common overcharge” for...more

Another Make Work Project In New Jersey – Duty To Update Claims

The United States Supreme Court has said it – the test for implied preemption under 21 U.S.C. §337(a) (the FDCA’s no-private-enforcement provision) is whether the purported state-law cause of action would exist even in the...more

Put Up or Pay Up: Mentor Obtape MDL Judge Promises Sanctions to Plaintiff Attorneys Filing Meritless Cases

We spend the vast bulk of our professional life working in the context of MDLs. We know the drill: plaintiff lawyers file hundreds or thousands or tens of thousands of cases. At some point, the cream rises to the top in...more

MDL Court Says “You Don’t Belong Here” to Plaintiff “Added by Amendment”

This weekend, the Drug and Device Law Rock Climber hosted a sleepover to say goodbye to her friends as she headed back to college. Somehow, between our last survey of heads on pillows and the convergence on the breakfast...more

California Supreme Court Invites Suits against Defendants Doing Any Business in California

In a hotly contested 4-3 decision, the California Supreme Court in Bristol-Myers Squibb Company v. The Superior Court of San Francisco County, 2016 WL 4506107 greatly expanded the concept of specific jurisdiction to allow a...more

Alabama Supreme Court Imposes Tough Standard on Safer Alternative Design

As the calendar turns from August to September, it is time once again to concede the strength of the Southeastern Conference. You probably think we are referring to college football or basketball, in which teams from...more

Product Liability Update: April 2016

Massachusetts Superior Court Rejects “Innovator Liability” Failureto-Warn Claim, Holds Branded Pharmaceutical Manufacturer Owed No Duty to Plaintiff Alleging Injury From Equivalent Generic Drug That Copied Defendant’s...more

A Banner Week For Buckman Preemption

There used to be a TV show called “That Was the Week That Was.” It was a satirical look at the news of the prior week, but perhaps it’s most lasting accomplishment was to launch David Frost’s career. Without an ounce of...more

Breaking News – California High Court Expands “Specific” Personal Jurisdiction To Recreate “Exorbitant” Personal Jurisdiction...

It’s been two years since the First District California Court of Appeals issued its ill-founded decision in Bristol-Myers Squibb Co. v. Superior Court, 175 Cal. Rptr. 3d 412 (Cal. App. 2014), which used specific personal...more

Major Win for Products Manufacturers on Safer, Alternative Design Requirement

In a unanimous decision released last week, the Alabama Supreme Court delivered a significant victory for manufacturers defending products liability claims in Hosford v. BRK Brands, Inc. As in most jurisdictions, a plaintiff...more

Another Reason Why Medical Device Class Actions Don’t Work

The Ninth Circuit filed a preemption opinion the other day that should help prevent the “foodification” of medical device litigation. That made-up word refers to the wasteful food-related class action litigation that has...more

Television, Personal Jurisdiction, and Whether Corporate Knowledge Can be Imputed from Internet Drivel

You wouldn’t be the first to notice that some of our posts say more about television programs – and certainly with more gusto – than about the law. We could make the case that pop culture and the law are related, and that...more

Guest Post – Through the Dictionary, and What One Court Found There: Adventures in the BAAA

It’s August and several your valiant bloggers are on vacation, so the skeleton crew manning the fort is even more grateful for reinforcements than usual. Here is another guest post, this time from Reed Smith‘s Court...more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Even with a Road Map, Only One Dubious Claim Navigates Preemption

Here’s another guest post, this time from Reed Smith‘s Jaimee Farrer.  This post concerns PMA preemption, and a second opinion largely getting rid of a case that we blogged about before.  As always, Jaimee deserves all the...more

Two Favorable Tysabri Rulings Add Clarity to “Clear Evidence” Preemption Standard – and More

Anyone who has checked our post-Levine innovator drug & vaccine cheat sheet lately has no doubt noticed our two most recent entries, Gentile v. Biogen Idec, Inc., 2016 WL 4128159 (Mass. Super. July 25, 2016), and Christison...more

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