With apologies to Harry Kalas. Bexis had a couple of encounters with the “Wayback Machine” (a/k/a/ the “Internet Archive”) recently. If you don’t know| Drug & Device Law
For over fifty years, the BBC has been chronicling the exploits of that ultimate learned intermediary, Dr. Who. Over the decades, successive Doctors have| Drug & Device Law
2024 was a big year for blood and tissue shield statute decisions across the country (from Florida, California, North Carolina, Illinois, and Ohio). And it looks like we added Oregon to the tally this year, but we let Kentucky and Nelson v. Aziyo Biologics, Inc., 2025 WL 2045167 (E.D. Ken. Jul. 15, 2025) slip by us. So, on... Continue Reading| Drug & Device Law
In what we view as a game-changing submission, on September 3, Lawyers for Civil Justice filed a 20-page analysis of no fewer than nine third-party litigation funding (“TPLF”) contracts that, one way or another, have become public. This analysis rips away the veil of secrecy that has surrounded TPLF, analyzes why and how specific TPLF... Continue Reading| Drug & Device Law
The saga over the illegality defense in Kansas appears to have run its course, and as in previous chapters, the defense has prevailed. The Tenth Circuit has ruled that the defense of illegality exists under Kansas law and that it applies to product liability claims. As we reported here and here, this is the first... Continue Reading| Drug & Device Law
The preemption case du jour is Gregory v. Boston Sci. Corp., 2025 U.S. Dist. LEXIS 164801, 2025 WL 2452382 (E.D.N.Y. Aug. 25, 2025), in which the Eastern District of New York granted summary judgment on federal preemption grounds. Every time we see a case that does that—upholds preemption on summary judgment—we wonder why the court... Continue Reading| Drug & Device Law
Some litigations are gifts that keep on giving. A big chunk of DDL work product consists of commentary on a couple of mass torts. Maybe it is a version of the 80-20 rule, or how a huge percentage of crimes are committed by a relatively small group of career criminal recidivists. For a while, Aredia-Zometa... Continue Reading| Drug & Device Law
Today’s guest post is from Dechert’s Brooke Meadowcroft who brings us her take on an unfortunate learned intermediary ruling out of Illinois. As always, our guest posters deserve 100% of the praise (and any of blame) for their posts. Not that we expect the latter. ******* The learned intermediary doctrine is the elegant legal principle... Continue Reading| Drug & Device Law
Have you ever heard of the “Presentment Clause” to the United States Constitution? U.S. Const. Art. I §, cl. 2. While we can’t say that we had never heard of it – we are aware of presidential vetoes, pocket vetoes, and such – we had never had occasion to consider it in the context of... Continue Reading| Drug & Device Law
Several of our Reed Smith bloggers are planning to be in New York on December 3–4 for ACI’s 30th Annual Conference on Drug and Medical Device Litigation. We’re looking forward to hearing Bexis’ participation on a 30-year retrospective panel and other insightful content, while also enjoying valuable networking opportunities and hopefully the chance to connect... Continue Reading| Drug & Device Law
We’ve blogged recently about good preemption decisions in the Filshie Clips litigation from the Southern District of Texas (per Bexis, “as good a PMA medical device preemption decision as a defendant has a right to expect”) and the Northern District of Georgia. Today we add another preemption win in the same litigation from the Middle... Continue Reading| Drug & Device Law
As we have riffed on before, staying apolitical when discussing the science and law implicated by our posts can be harder than one might expect.| Drug & Device Law
Late last year, we discussed the dismissal of three purported California no-injury class actions alleging that certain over the counter (“OTC”) acne| Drug & Device Law
It might seem that we talk about preemption incessantly on this blog, but a pretty good opinion from a pretty important jurisdiction went unremarked by us| Drug & Device Law
A federal judge in California filed an important OTC preemption decision earlier this month, and it’s important because it applied federal preemption to| Drug & Device Law
An appellate court in Texas filed an opinion last week that very helpfully defines and applies the standard for specific personal jurisdiction under a| Drug & Device Law
This publication offers insight and commentary regarding the defense of pharmaceutical and medical device product liability litigation.| Drug & Device Law
From a doctrinal standpoint, courts rely on a well-established principle: experts are permitted to testify to assist the fact-finder, not| Drug & Device Law
When a federal agency reverses course, the Supreme Court has a test to determine whether that agency action is impermissibly “arbitrary and| Drug & Device Law
Bexis has been updating the preemption chapter of his treatise on drug/device product liability litigation. He came across several preemption| Drug & Device Law
Stephen McConnell| Drug & Device Law
Steven Boranian| Drug & Device Law
The plaintiff in Kane v. Covidien LP, 2025 U.S. Dist. Lexis 25718 (E.D.N.Y. Feb. 12, 2025), lost the bulk of her case recently, on a motion to dismiss no| Drug & Device Law
In our first-on-the-web quickie analysis of United States v. Caronia, ___ F.3d ___, 2012 WL 5992141 (2d Cir. Dec. 3, 2012), we didn’t have time to do much| Drug & Device Law
In 2018, our blogpost on In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices & Liability Litigation, 903 F.3d 278 (3d Cir.| Drug & Device Law
Michelle Yeary| Drug & Device Law
Researchers at Temple University here in Philly recently published a scientific article, “Learning Impairments, Memory Deficits, and Neuropathology in| Drug & Device Law
In addition to its recent revamp of its “§510(k)” substantial equivalence clearance process for medical devices, (see our post here), the FDA has also| Drug & Device Law
