Products Liability, Civil Procedure, Conflict of Laws

Breaking Down The Bartlett Oral Argument

by Erin M. Bosman, James W. Huston, Julie Y. Park, Joanna Simon | Morrison & Foerster LLP on 4/5/2013

The U.S. Supreme Court has heard oral argument in the much-anticipated Mutual Pharmaceuticals v. Bartlett case, No. 12-142 (on appeal from the First Circuit Bartlett v. Mutual Pharms. Co., 678 F.3d 30 (1st Cir. 2012)). The...more

"Complex Mass Tort Product Liability Alert: Supreme Court Hears Oral Argument Regarding Scope of Generic Drug Preemption"

by John Beisner, Sheila Birnbaum, Mark Cheffo, Steven Napolitano | Skadden, Arps, Slate, Meagher & Flom LLP on 3/19/2013

Today, the Supreme Court of the United States held oral argument in Mutual Pharmaceutical Co. v. Bartlett, a follow-up to its landmark ruling in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), which addressed federal...more

The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading

by Don Rushing, Marina Slavin, Ashley Washington | Morrison & Foerster LLP on 3/19/2013

Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework...more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

by Charles Wheeler | Cozen O'Connor on 3/1/2013

Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

by Thomas LoSavio | Low, Ball & Lynch on 2/25/2013

Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more

Ninth Circuit limits Medical Device Amendment preemption of post-PMA tort claims

by Gregory Wartman | Saul Ewing LLP on 1/30/2013

Medical Device Companies should be aware of a recent en banc ruling by the Court of Appeals for the Ninth Circuit that has the potential to increase litigation involving class III medical devices....more

Supreme Court To Examine Generic Drug Lawsuits

by Aaron Kase | Lawyers.com on 12/26/2012

The U.S. Supreme Court will hear arguments next year on whether lawsuits against defective generic drugs can proceed in state court if they are not in violation of federal law. In Mutual Pharmaceutical Co v. Bartlett,...more

Asbestos Alert: Corporations Formed Other than in California Which Have Dissolved May Be Able to Win Summary Judgment in...

by Low, Ball & Lynch on 9/26/2012

Robinson v. SSW, Inc. California Court of Appeal, First District (September 21, 2012) Douglas Robinson died from mesothelioma and his family filed a wrongful death action. SSW, Inc., a Nebraska corporation, sought...more

9th Circuit’s POM Wonderful Ruling Could Influence Food Class Actions

by Morrison & Foerster LLP on 8/8/2012

Originally published in Washington Legal Foundation on August 3, 2012. Class action lawyers looking for a shakedown have gone on a food binge. They have focused on the food industry and the ever-obliging federal court...more

Ninth Circuit re Stengel: Back to the (En) Banc

by Sedgwick LLP on 8/2/2012

As we noted, the Ninth Circuit Court of Appeals’ decision in Stengel v. Medtronic Inc. (676 F.3d 1159 (9th Cir. 2012)) left plaintiffs who sue the manufacturers of pre-market approved devices precious little in the way of...more

The Supreme Court of Canada Provides Clarity to Conflict of Laws Rules

by Field Law on 7/20/2012

It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country can be distributed and sold...more

Sacred Exclusivity: The Ninth Circuit Steers (Well) Clear of the FDA

by Sedgwick LLP on 7/16/2012

The Supreme Court’s opinion in Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341, 349-50 (2001), recognizes that any attempt by a plaintiff to enforce the FDCA is preempted by federal law, because Congress entrusted...more

Stengel v. Medtronic, Inc.: The Riegel/Buckman Gap Narrows in the Ninth Circuit

by Sedgwick LLP on 6/5/2012

The Ninth Circuit Court of Appeals has further curtailed the universe of state law claims pertaining to Class III medical devices that are neither expressly preempted by Riegel v. Medtronic, Inc., 552 U.S. 312, 315 (2008) nor...more

The Gap Between Express and Implied Preemption Narrows In The Ninth Circuit

by Sedgwick LLP on 5/14/2012

The Ninth Circuit Court of Appeals recently shrank universe of state law claims pertaining to Class III medical devices that remain untouched by Riegel express preemption or Buckman implied preemption. In Stengel v....more

NJ in Mainstream on Generic Preemption

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

A Double Dose of Preemption

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

More Thoughts On Bartlett

by Dechert LLP on 5/7/2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple...more

Bartlett - Take It Up

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

Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules

by Field Law on 4/30/2012

It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...more

Darvocet Plaintiffs' Hail Mary Batted Away

by Dechert LLP on 4/25/2012

We’ve posted before about MDLs – and the Darvocet MDL in particular – being the new “heavyweight” division for the one-two punch of product identification (can’t sue non-manufacturers) and generic preemption (can't sue...more

If At First You Don't Succeed....

by Dechert LLP on 4/24/2012

Sometimes good ideas don’t prevail the first time – or even the first few times – they make their appearance. With that in mind we bring to your attention Windle v. Synthes USA Products, Inc., 2012 U.S. Dist. Lexis 52397...more

Trying to Sanction Away Preemption (and Failing)

by Dechert LLP on 4/23/2012

We always try to keep things lively around here. Law can sometimes be drudgery. But we don’t ever want that type of atmosphere to seep into this blog. That’s one of the reasons the blog is here: to discuss what we do...more

Trying to Sanction Away Preemption (and Failing)

by Dechert LLP on 4/20/2012

We always try to keep things lively around here. Law can sometimes be drudgery. But we don’t ever want that type of atmosphere to seep into this blog. That’s one of the reasons the blog is here: to discuss what we do...more

Product Liability Update -- April 2012

by Foley Hoag LLP on 4/19/2012

In This Issue: *United States Supreme Court Holds Federal Locomotive Inspection Act Preempts Entire Field of Regulating Locomotive Equipment, Including State Law Claims Alleging Defective Design or Failure to Warn Based...more

Generic Drug Preemption Q and A

by Dechert LLP on 4/6/2012

There are now forty-eight post-Mensing generic drug preemption decisions on our scorecard, with more being decided on what seems like a weekly basis. Thus, the scorecard gets a little unwieldy at times. Because of that, we...more

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Products Liability › Civil Procedure › Conflict of Laws

Breaking Down The Bartlett Oral Argument

"Complex Mass Tort Product Liability Alert: Supreme Court Hears Oral Argument Regarding Scope of Generic Drug Preemption"

The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

Ninth Circuit limits Medical Device Amendment preemption of post-PMA tort claims

Supreme Court To Examine Generic Drug Lawsuits

Asbestos Alert: Corporations Formed Other than in California Which Have Dissolved May Be Able to Win Summary Judgment in...

9th Circuit’s POM Wonderful Ruling Could Influence Food Class Actions

Ninth Circuit re Stengel: Back to the (En) Banc

The Supreme Court of Canada Provides Clarity to Conflict of Laws Rules

Sacred Exclusivity: The Ninth Circuit Steers (Well) Clear of the FDA

Stengel v. Medtronic, Inc.: The Riegel/Buckman Gap Narrows in the Ninth Circuit

The Gap Between Express and Implied Preemption Narrows In The Ninth Circuit

NJ in Mainstream on Generic Preemption

A Double Dose of Preemption

More Thoughts On Bartlett

Bartlett - Take It Up

Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules

Darvocet Plaintiffs' Hail Mary Batted Away

If At First You Don't Succeed....

Trying to Sanction Away Preemption (and Failing)

Trying to Sanction Away Preemption (and Failing)

Product Liability Update -- April 2012

Generic Drug Preemption Q and A

Expand Your Reach