Monday, December 21, 2020
In a year where the use of “unprecedented” became routine, COVID-19 dominated just about every aspect of life, and its impact on drug and device law was no less encompassing. As we bid adieu and good riddance to 2020, we pause, once again, to reflect on the most significant legal developments for our drug and device clients this year. Below is a brief recap and assessment of our top five developments in drug and device law for the year.
1. Snap Removal Continues Its Momentum
In April, the Fifth Circuit Court of Appeals joined the Second and Third Circuits in upholding snap removal. Snap removal occurs when an action is removed from state court to federal court before a forum defendant is served, and it is premised on a plain reading of 28 U.S.C. § 1441(b)(2).