News & Analysis as of

Medical Devices Fraudulent Joinder

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Affirms Dismissal of Breast Implant Cases on Preemption Grounds

The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more

Searcy Denney Scarola Barnhart & Shipley

Biomet Hip MDL Judge Remanded Florida Cases to State Court

Plaintiffs, Griseth DeJesus, Chanton Harris and Rita Taranto sued in Florida State Court asserting that they were injured by hip implant manufactured by Biomet Inc. and Biomet Orthopedics LLC. According to the complaints,...more

Morrison & Foerster LLP - Class Dismissed

Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal

Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc., winning dismissal of the case in its entirety. The case was decided on Plaintiffs’ motion to remand and Defendants’ motions to...more

Foley Hoag LLP

Product Liability Update - July 2015

Foley Hoag LLP on

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

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