Today’s post looks at Rayes v. Novartis Pharms. Corp., No. EDCV21201JGBKKX, 2021 WL 2410677 (C.D. Cal. June 11, 2021), which contains an interesting discussion of an aspect of drug product preemption. The Supreme Court discussed in Wyeth and later clarified in Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668, 1679 (2019),
New Jersey Federal Court Considering Important Rule Change
As we have noted in prior posts, there appears to have been an uptick in the funding of litigation by third parties, a practice that has rightly been questions as opportunistic, overly secretive, contrary to notions of standing and fair play, and as a practice that may lead to increased unnecessary litigation. Back in April
Judge Weinstein Passes at 99
Readers may not have seen that former U.S. District Judge Jack B. Weinstein passed away this week at the age of 99.
He sat on the Eastern District of New York bench from 1967 to 2020, having been nominated to the bench by President Lyndon B. Johnson. He presided over a number of landmark and
Ninth Circuit Affirms Dismissal of Chicken Consumer Class Claims
The Ninth Circuit affirmed the dismissal of a putative class action accusing Trader Joe’s of mislabeling its chicken packaging. Webb v. Trader Joe’s Co., No. 19-56389, 2021 WL 2275265 (9th Cir. June 4, 2021).
Plaintiff claims she purchased “All Natural Boneless Chicken Breasts,” “All Natural Chicken Thighs,” and “All Natural Chicken Wings,” (the Products)
Commentary on (C)(4) Class Actions
Those class action mavens among our readers will want to check out the commentary article by my colleagues James P. Muehlberger, Timothy E. Congrove and Daniel E. Cummings.
The paper is “Class Actions -Will The Supreme Court Finally Resolve The Circuit Split Over Rule 23(C)(4) Issue Class Actions?”
You can find it in the June
Summary Judgment Granted in Zofran MDL
As Sergeant Joe Friday instructed, just the facts, as Shook was involved. Those interested in the preemption doctrine will want to read the opinion by Judge Saylor in In Re Zofran, granting summary judgment for defendant and applying the first prong of Wyeth as clarified by Merck v. Albrecht.
In re Zofran (Ondansetron)
Court of Appeals Upholds Defense Jury Verdict in Chipper Case
The Eleventh Circuit recently affirmed a jury verdict for defendant in a suit alleging that it sold faulty wood chippers to an equipment rental company. James v. Terex USA, LLC, No. 20-14553, 2021 WL 2137599 (11th Cir. May 26, 2021).
At trial, the plaintiff sought to introduce lay testimony from a Shane Dinkins about
Appeals Court Affirms Dismissal of Gun Case
The Tenth Circuit recently affirmed the dismissal of a suit seeking to hold a gunmaker n liable for injuries a woman alleged she suffered when a rifle fired spontaneously. Harris v. Remington Arms Co., LLC, 997 F.3d 1107 (10th Cir. 2021). The case turned on the admissibility of plaintiff’s expert evidence.
Roughly two years after
Climate Change Remand to State Court Vacated
The U.S. Supreme Court overturned the Fourth Circuit’s decision to send a local climate change case against various energy companies. BP P.L.C. v. Mayor & City Council of Baltimore, 141 S. Ct. 1532, 1533 (2021).
Baltimore’s Mayor and City Council sued various energy companies in Maryland state court alleging that the companies concealed the environmental
Design Claim Rejected in Forklift Litigation
The Tenth Circuit affirmed the grant of summary judgement against a plaintiff who argued that a forklift was defective in design because it lacked a door. Petersen v. Raymond Corp., 994 F.3d 1224, 1225 (10th Cir. 2021).
Plaintiff allegedly injured himself while operating the Raymond Model 4200 stand-up counterbalance lift truck. The Raymond forklift has