Products Liability Science, Computers & Technology

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Learned Intermediary: Arizona Supreme Court Restores Order in the Desert

We recently brought you the breaking news that the Arizona Supreme Court has adopted the learned intermediary doctrine in prescription drug cases. The case is Watts v. Medicis Pharmaceutical Corp., No. cv-15-0065-PR, 2016 WL...more

Pecking A Blow For Chicken Preemption

It may have been our limited caffeine intake to that point in the day, but, when Bexis asked us to do a post on a case about representations about chicken, our initial thought was of some of the songs sung a la chicken. When...more

New Jersey Federal Judge Says It’s Not So Easy to Preserve Confidentiality of Discovery Documents

Today’s case is about a second chance. We are talking about the dismal topic of document confidentiality. Many -- definitely too many -- documents are produced in mass tort litigations. Almost all those documents are...more

Legal Issues Raised by the Driverless Vehicle Revolution – PART 2

Part 1 of this article, published in the December 2015 Business Litigation Report, described emerging driverless vehicle technology and related patent and patent ligation issues. Part 2 continues this discussion with the...more

Disproportionate Discovery, Even in an MDL

Here’s a significant post-rules-amendments discovery decision out of the Xarelto MDL. In In re Xarelto (Rivaroxaban) Products Liability Litigation, 2016 WL 311762 (E.D. La. Jan. 26, 2016), the court (Fallon, J.) cited both...more

Wyeth v. Levine’s ‘Clear Evidence' Language: Clearly Misunderstood

In 2009, the United States Supreme Court in Wyeth v. Levine affirmed a judgment rejecting a prescription drug manufacturer’s contention that plaintiff’s claim that the manufacturer should have strengthened its U.S. Food and...more

Recalled Brainlab Digital Neurosurgery Device Could Pose Serious Injury, Death to Patients

A medical device created by Brainlab and marketed as easy-to-use, intuitive, precise and tailored to surgeons’ needs has been recalled by the U.S. Food and Drug Administration. Cranial-navigation systems sold by...more

Sales Reps Denied Summary Judgment in Artificial Hip Case Despite Absence of Legal Duty to the Plaintiff

Once upon a time there was a federal judge . . . . When we were little, we liked it when our mom spun free-form fairy tales for us. We would contribute the object of the “was” (“Once upon a time there was a . . . bullfrog”),...more

Breaking News – Learned Intermediary Mandates Dismissal of 31 of 32 New Jersey Accutane Plaintiffs

The demise of the New Jersey Accutane litigation under the new mass tort judge continues apace. Today 31 more Accutane cases were dismissed for failure to establish warning causation under the learned intermediary rule. ...more

Watch out for Exploding E-Cigarettes

In an effort to quit smoking and avoid the health dangers of tobacco, many people across the country are turning to electronic cigarettes, or e-cigs. In most basic terms, e-cigs work by heating a fluid placed into a small...more

Mississippi Gives Teeth to the Safer Alternative Requirement

Maybe you’ve noticed that many of our recent posts have reported good decisions out of Mississippi. It’s as if there has been an outburst of judicial common sense in that fair state. But it has not really been such a sudden...more

The Other Shoe Drops in Estes

Last month, we discussed Estes v. Lanx, Inc., 2015 WL 9462964 (N.D. Miss. Dec. 23, 2015), and mentioned that the court had left a bit of unfinished business behind – having raised sua sponte the question of whether the...more

FDA Should Address Adverse Impacts of Artificial Food Coloring

Grocery store shelves are filled with foods that contain artificial coloring. Breakfast cereal. Cake frosting. Candy bars. Drink mixes. Up and down the aisles, Blue 2, Red 40, Yellow 5 and other chemical combinations lurk on...more

Breaking News – High Wattage Reasoning – Arizona Adopts Learned Intermediary

We’ve been following Watts v. Medicis Pharmaceutical Corp. ever since the Arizona Court of Appeals issued its bizarre ruling that the learned intermediary doctrine (“LID”), which has been adopted in almost every state, was...more

First Amendment Follow-Up

The other day, we posted about, inter alia, the Department of Justice’s proposed jury instruction, in the Vascular Solutions case in Texas conceding the legality of truthful off-label promotion. In that post we asked, “Has...more

CPSC Unveils “Regulatory Robot” Designed to Offer Glimpse of Possible Regulatory and Statutory Obligations

The Consumer Product Safety Commission (CPSC) introduced its “Regulatory Robot” this month. Touted as a web-based tool to help manufacturers and importers, particularly small businesses, identify the various CPSC rules and...more

Manufacturing Defect, Misrepresentation and Concealment Claims Will Proceed in Mesh Case

In 2004, a Georgia resident was diagnosed with stress urinary incontinence. On July 16, 2004, she was implanted with a Mentor transobturator sling. In December 2010, she began experiencing pain in her thigh and saw an...more

Washington Court Upholds Preemption Ruling for Aircraft Component Manufacturer

Last week, in the Estate of Virgil Becker v. Forward Technology Industries, Inc., a Washington appellate court upheld a lower court decision affirming the dismissal of claims against an aircraft component manufacturer on...more

Self-Driving Cars: Legal Issues Ahead

Companies including Apple, Google, Tesla, Toyota and Uber are all developing and testing self-driving car technology. Toyota announced in November that it would spend $1 billion over the next five years on research centers...more

The Saga of Preempting Prescription Drug Design Defect Claims

Not so long ago in a Circuit not so far away, the issue of whether design defect claims against branded prescription drug manufacturers are preempted was joined. Much like the origins of the Jedi or the major end-of-year...more

“May the Odds Be Ever in Your Favor” – The Ten Best Prescription Drug/Medical Device Decisions of 2015

The iconic Hunger Games line, “may the odds be ever in your favor” pretty much sums up how we feel about our top ten best decisions of 2015. These are results that put the “happy” in Happy New Year – which we wish all our...more

N.D. Mississippi Invokes Buckman in Rejecting Plaintiff Efforts to Screw Up Product Liability Law

We are determined not to end 2015 on a bad note. Thus, we turn, as we do with surprising frequency (and as we did last week), to a federal court decision out of Mississippi for a heaping helping of solid legal reasoning. ...more

“Destroying Things Is Much Easier Than Making Them” – The Worst Prescription Drug/Medical Device Decisions of 2015

In the original Hunger Games movie, while Katniss and Rue are plotting to blow up the Careers’ food stash, Katniss remarks that “destroying things is much easier than making them.” That’s how we feel about our bottom ten...more

A Long Time Ago . . .

We knew that Star Wars had overtaken Christmas in pop culture when we heard a junior high school band play a Jingle Bells/Star Wars mashup. We were not surprised that this cross-cultural amalgamation received the largest and...more

Hoverboards Under Attack

Multiple UK retailers have asked customers to throw out their hoverboards, the self-balancing scooters that have clambered onto holiday wish lists this season, due to suspected safety issues with the devices. The retailers...more

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