Beating FDCA-Based Negligence Per Se Claims on Non-Preemption Grounds
Recently, within the course of a couple of weeks, two different courts reached the same conclusion - that a plaintiff's negligence per se claims…
Source: lexology.com
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Of MDLs, Settlements, and Common Benefit Contracts
Our immediate reaction to In re Bard IVC Filters Products Liability Litigation, ___ F.4th ___, 2023 WL 5441793 (9th Cir. Aug. 24, 2023) (hereafter…
Source: lexology.com
Agree To Disagree - Don't Sue the Other Side of a Scientific Dispute into Silence
Time and time again, we have opposed efforts by one side of a scientific dispute - typically involving a prescription medical product - to attempt to…
Source: lexology.com
Logical Contradiction Doctrine: Buckman for Textualists
Today's post is a little different in its format from what our readers are used to. What follows is a lightly edited (primarily adding full…
Source: lexology.com