Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
Dealing with Evidence of Time, Distance and Speed
Law School Toolbox Podcast Episode 417: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Bar Exam Toolbox Podcast Episode 214: Listen and Learn -- Relevance Issues (Evidence)
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
Evidence Preservation: Handling the Issues in New York and New Jersey
Law School Toolbox Podcast Episode 352: Listen and Learn -- Best Evidence Rule
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Bar Exam Toolbox Podcast Episode 177: Listen and Learn -- Best Evidence Rule
Facing a Deposition: Tips and Strategies
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
As we reported in April, the United States Court of Appeals for the Ninth Circuit certified a question on California’s Learned Intermediary Doctrine in Himes v. Somatics, LLC, 2022 WL 989469 (9th Cir. Apr. 1, 2022). The...more
Medical Devices Directorate Performance Annual Report - In September 2023, Health Canada published the Medical Devices Directorate Performance Annual Report for April 1, 2022, through March 31, 2023. The report provides...more
Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more
MASSACHUSETTS - First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more
On July 26, 2022, the Eighth Circuit Court of Appeals issued an opinion interpreting the standard for the causal link the government must show to establish that a “false or fraudulent” claim under the False Claims Act...more
A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more
If you’re marketing any pharmaceutical or medical device, the Food and Drug Administration (FDA) has its eye on you. More accurately, the FDA has its eye on your website and social media, checking to see what you’re claiming...more
The New Jersey Appellate Division has released a ruling categorically allowing evidence on FDA 510(k) clearance in medical device cases, reversing for new trials in two cases where that evidence was excluded. The court held...more
Sean Burke, Partner at Duane Morris, fills us in on the challenges of multidistrict litigation, the advantages of social media evidence, and new medical device technology. Sean Burke, a partner at Duane Morris LLP,...more
On June 4, 2018, the Seventh Circuit affirmed an Indiana federal judge’s determination that a woman’s product liability suit for a broken intrauterine contraceptive device (IUD) required expert evidence under the Indiana...more
A report appearing in the December 2017 issue of Value in Health, (a journal of the International Society for Pharmacoeconomics and Outcomes Research) concluded that assessments of high-risk medical devices in the European...more
Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on misbranding charges due to evidentiary issues surrounding his advice-of-counsel defense at trial....more
In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more
It is hard to imagine how prosecutors were able to bring cases before there was email communications. When I was a prosecutor, we looked for evidence in a lot of other sources, internal memos, calendars and other places where...more
The Fifth Circuit Court of Appeals appears to have handed white collar defendants a new tool for trial. In United States v. Gluk, — F.3d —-, 2016 WL 4150901 (5th Cir. Aug. 4, 2016), the court held that a little-noticed...more
The U.S. Food and Drug Administration (FDA) issued on July 27, 2016, a draft guidance document addressing how it may use data and evidence collected outside of the traditional clinical trial context to support medical device...more
As we have observed in a prior post, defendants in punitive damages cases often fail to develop evidence in mitigation of the amount of punitive damages, enabling the plaintiff to focus the jury on evidence about the...more
Once a month, AGG’s terrific FDA team publishes a newsletter updating readers on the latest regulatory news affecting food/drug companies–including those from Ireland and Northern Ireland. The August newsletter is here and...more
A crucial issue in the successful defense of a product liability case is the exclusion of other incidents and accidents involving products of the manufacturer. In old school parlance, prior incidents were often referred to...more