A recent Second Circuit preemption decision illustrates the importance of a clear-eyed approach to medical device preemption issues.
In Glover v. Bausch & Lomb, Inc., 6 F.4th 229 (2d Cir. 2021), the district court...more
It is virtually a law of legal physics in California that liability tends to expand until a critical mass of appellate courts rule that it has reached its limit, or the Supreme Court puts up a stop sign (a vanishingly rare...more
On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more
6/20/2022
/ Appeals ,
Apple ,
California ,
Class Action ,
En Banc Review ,
Liability ,
Manufacturers ,
Product Defects ,
Reversal ,
State and Local Government ,
Warranties
We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more
3/24/2022
/ Appeals ,
Burden of Proof ,
CA Supreme Court ,
Class Action ,
Consumer Fraud ,
Depositions ,
Discovery ,
Evidence Codes ,
Motor Vehicles ,
Product Defects ,
Statutory Interpretation ,
Testimony ,
Witnesses
In the “Daubert trilogy,” Rule 702 spawned three children, all special in their own way. The firstborn, Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), naturally receives most of the attention, being the pioneer....more
The Ninth Circuit’s recent en banc decision in In re Hyundai and Kia Fuel Economy Litigation, — F.3d —, 2019 WL 2376831 (9th Cir. Jun. 6, 2019), restored some much-needed balance to the class action universe. The court...more
7/12/2019
/ Appeals ,
Choice-of-Law ,
Class Action ,
Class Certification ,
En Banc Review ,
False Advertising ,
Fraudulent Marketing ,
FRCP 23(b)(3) ,
Fuel Standards ,
Hyundai ,
Kia ,
Motor Vehicles ,
Multidistrict Litigation ,
Predominance Requirement ,
Settlement Agreements ,
Vacated
The Aftermath of Marsh -
When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more
7/8/2019
/ Admissibility ,
Appeals ,
Causation ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Florida ,
Kelly-Frye Test ,
Legislative Agendas ,
Motion to Exclude ,
Reversal ,
Rule of Evidence 702 ,
Scientific Research ,
Statutory Interpretation ,
Summary Judgment ,
Trial Court Orders