This is a guest post from John Vaughan https://www.hklaw.com/en/professionals/v/vaughan-john-thomas, a partner at Holland & Knight who has been in-house at both pharma and tech companies, which gives him some extra insights into the decision discussed below. As with all guest
Drug & Device Law Blogging Team Blogs
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Plaintiff Cancer Causation Theory Flunks Frye Test
We’re in New York this week for a legal conference that is always a good time. But, truth be told (and we are officers of the court, after all), several years ago we attended a conference sponsored by plaintiff lawyers
Two-fer Tuesday–When Summary Judgment is Granted, Plaintiffs Should be Prepared to Pay Costs
We are all familiar with the phrase—the rules are the rules. Meaning, rules should be enforced consistently, regardless of personal circumstances. Essentially the opposite of—rules are made to be broken. Meaning, exceptions to the rules abound. The law is full
Money for Nothing? In an About Face, This Time the Third Circuit Said “Yes”
In 2018, our blogpost on In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices & Liability Litigation, 903 F.3d 278 (3d Cir. 2018), was entitled “Money For Nothing? No Standing This Time in the Third Circuit.” There, it
S.D. Fla. Dismisses Claims for Failure to Warn and Test/Inspect
There was a time when it seemed that half our posts were mixed bags of TwIqbal — product liability claims tested against the SCOTUS decisions in Twombly and Iqbal requiring pleadings to be substantive and plausible. Then things settled down for a bit. Did plaintiffs
Consumer Fraud Case Against “Non-Drowsy” Cough Syrup Sleepwalks Past Preemption
Deconstructing the PREP Act
From our very first post back in early 2020 on preclusive power of the PREP Act, 42 U.S.C. §247d-6d, we were impressed by the scope of its combined preemption and immunity language. There, we quoted the language from the HHS
Package Inserts Are Not Admissible to Establish Standard of Care
We consistently defend the ability of physicians to engage in off-label use. Bexis helped lay the scholarly foundation for courts to utilize the term “off label use,” and two of his law review articles remain go-to reads on the subject.
The Appealability of Remand Orders Can Affect Removal Strategy
We have written many times, as recently as Tuesday, that the practice of plaintiff lawyers to include patently inapplicable claims among a laundry list of causes of action asserted in complaints is lazy, if not problematic. It is rare
N.Y. Court Holds that the Federal Controlled Substances Act Did Not Preempt New York’s Liberal Marijuana Laws/Regulations
Back in our AUSA days we prosecuted many drug cases. That was a significant part of our job. The defendants were uniformly unsavory and many were violent. That being said, the mandatory minimum sentences were often crazily high. Sell 50.1