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21 Feb 2012, 11:15 am by Michelle Yeary
  Putting aside our dislike of the fact that Pennsylvania law even allows a negligent design claim in a prescription pharmaceutical case (see prior comments on Lance v. [read post]
27 Dec 2011, 9:56 am by Max Kennerly, Esq.
Medtronic, Inc., 552 U.S. 312 (2008) and “impliedly preempted” — “implied preemption” is a code-phrase conservative judicial activists use when they want to pretend Congress tried to stop state tort lawsuits even when it didn’t — under § 337a of the MDA as interpreted by Buckman v. [read post]
3 Nov 2011, 7:52 am by Bexis
Novartis Pharmaceuticals Corp., 247 P.3d 244 (Mont. 2010). [read post]
31 Oct 2011, 4:58 am by Max Kennerly, Esq.
Consider those 2,200+ Reglan cases in Philadelphia: back in July, the Supreme Court’s decision in Pliva, Inc. v. [read post]
21 Oct 2011, 1:31 pm by SteinMcewen, LLP
§102(a).[24] As an illustration of how this might represent a change, lets look at the facts in Motionless Keyboard Co. v. [read post]
23 Sep 2011, 12:08 pm by Michelle Yeary
  But, from a legal standpoint, the presence of medical device sales reps in the OR raises issues of proximity and temporality that are not typical in a pharmaceutical case (although there have been cases in which plaintiffs have tried to argue that a pharmaceutical representative should be held to an affirmative duty to take action. [read post]
15 Sep 2011, 11:58 am by Ken
That abuse was at the heart of the case Kelo v. [read post]
8 Sep 2011, 12:00 pm by Bexis
  See Tang, slip op. at 7-9.Still, some enterprising lawyers tried to make that litigation the latest Chinese export to the United States. [read post]
31 Aug 2011, 2:21 pm by Bexis
FCC, 512 U.S. 622, (1994); United States v. [read post]
31 Aug 2011, 1:15 pm by Schachtman
I have posted before about the curious saga of two university professors of economics who curiously tried to befriend the United States Supreme Court. [read post]