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Who Is at Fault When a Driverless Car Is in an Accident?

One author's view on how to determine the answer that may surprise you....more

Florida Appellate Court Embraces Daubert Standard And Provides First In-Depth Analysis Under New Law

Last week, the Third District Court of Appeal resolved any questions concerning the applicability of the Daubert standard in Florida following the legislative changes to Florida's evidence code in July 2013. ...more

Liability for Pharmaceutical Manufacturers Expands for the First Time to Include Design Defect Claims

Product liability law in Pennsylvania has been fundamentally altered as it relates to the manufacturing and selling of prescription drugs. Manufacturers are now subject to design defect claims following a recent state Supreme...more

Plaintiffs May Assert Negligent Design Claims for Prescription Drugs, Pa. Supreme Court Holds

In a stunning decision with broad implications for pharmaceutical companies in Pennsylvania and elsewhere, the Supreme Court of Pennsylvania has held that plaintiffs may assert negligence claims against pharmaceutical...more

Federal Preemption Rules and Insufficient Pleading Results in Dismissal of Plaintiff’s Off-Label Claims

In a recent decision issuing from the Central District of California, the court evaluated requirements pertaining to federal preemption and pleading, and granted Medtronic, Inc. and Medtronic Sofamor Danek, USA, Inc.’s...more

A Double Play For Prescription Drug Manufacturers In The Eleventh Circuit

Consistent with the U.S. Supreme Court’s opinion in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Eleventh Circuit recently held that generic prescription drug manufacturers cannot be held liable under state-law failure...more

A Short-Lived Victory for Generic Drug Manufacturers?

On June 24, 2012, the U.S. Supreme Court handed down its decision in Mutual Pharmaceutical Co. Inc. v. Bartlett, 570 U.S. ____ (2013), finding that design-defect claims against generic drug companies are pre-empted where...more

Supreme Court Holds FDCA Preempts Common Law Design-Defect Claim Against Generic Drugs

On June 24, 2013, the U.S. Supreme Court held in Mutual Pharmaceutical Co., Inc. v. Bartlett that the Federal Food, Drug, and Cosmetic Act (FDCA) preempted the respondent's common law claim for damages arising from the...more

How to Create an Opening Statement Using Graphic Immersion

My part in a recent presentation to the San Francisco Trial Lawyers Association concerned opening statements, and I wanted to share a highly graphically immersive style of opening that allows an attorney to persuasively...more

When In Doubt, Write Your Doctor A Letter

"Dear Doctor" letters were front and center in the recently tried case of Tietz v. Abbott Laboratories Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the...more

New Product Liability Class Action Highlights Uncertainties in Class Proceedings

On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc. In so doing, the Court’s reasoning highlighted the continued...more

Superior Court Affirms Dismissal of Paxil Birth Defect Case Lacking Proximate Causation

In its March 4, 2013 non-precedential decision in Pettit v. GlaxoSmithKline, LLC, No. 850 EDA 2012, the Pennsylvania Superior Court (applying Ohio law) affirmed an order of Philadelphia Court of Common Pleas Judge Sandra...more

What Litigators Can Learn From Some of the Coolest Graphics in Construction

The ability to make powerful, high-quality trial graphics was extremely limited by the software available in the early 1990s. I was reminded of how far we’ve come in the area of visualization and modeling when I recently had...more

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...more

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

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

Weeks Defies Years of Jurisprudence, Allowing Innovator Liability for Generic Drugs

Last week the Alabama Supreme Court adopted brand-name manufacturer liability for a generic drug sold by another company, becoming the first state supreme court to do so. Wyeth, Inc. v. Weeks, No. 1101397 (Ala. Jan. 11,...more

Why You Should Join the Growing Number of Attorneys Using iPads

I found the comprehensive study released by the ABA on attorneys’ use of technology very interesting. Kevin O’Keefe summarized the study done by Jeff Richardson as follows: In 2012, 33% of all attorneys report using a tablet...more

Keynote for Attorneys: Tips to Try This Alternative to PowerPoint for Case Presentation

In my mind, there is simply no question that Keynote is superior to PowerPoint for many reasons, including: (1) it’s a Mac program, so it’s well integrated with all aspects of the Mac laptops and iPad; (2) it embeds videos in...more

Law Firm Marketing and Design Lessons Learned While Redoing My Website

Earlier this year, I embarked on a months-long process of building a new, more sophisticated and customized website, which I’m happy to unveil at cogentlegal.com. This post will share some of what I learned about website...more

e-Briefs on the iPad: An Exciting New Tool to Give Attorneys an Edge

There’s been a lot of hype about the iPad’s apps for the legal profession. I’m going to add to it with a prediction that may seem far-fetched, but I believe stands a strong chance of coming to pass: The iPad will...more

Gadgets in Cars-Trendy, but Dangerous

As mobile devices such as smart phones and tablets become increasingly ubiquitous, our culture is becoming more reliant on these tools. While they offer easy and fast access to information on the fly, the use of these...more

Getting the Best Medical Care: A Newsletter From Patrick Malone - October 2011

In this issue: "NNT" -- What It Means and Why You Should Care; Finding NNT's for Any Condition; and Eye-Popping NNT's for Breast Cancer Screening. Every single recommendation you will ever get for health care -- at least...more

New Edition of Reference Manual on Scientific Evidence

The National Research Council and Federal Judicial center last week released the new edition of the Reference Manual on Scientific Evidence. Readers of MassTortDefense know about this manual as a guide for judges searching...more

Product Liability Update - April 2011

In This Issue: United States Supreme Court Holds Federal Vaccine Statute Expressly Preempts All State Law Design Defect Claims Against Vaccine Manufacturers Rather Than Only Claims Where Injury Could Not Have Been...more

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