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January 31st, 2014

California Appellate Court Erodes ‘Preemption’ Defense for Medical Device Makers

On January 27, 2014, the California Second Appellate District Court held that a negligence claim against a medical-device manufacturer that was based on state law duties that paralleled requirements under federal law was not preempted. . . . → Read More: California Appellate Court Erodes ‘Preemption’ Defense for Medical Device Makers

January 29th, 2014

PA High Court Embraces ‘Negligent Design Defect,’ Invites New Run on Reforming Philly Courts

Perhaps inviting a new stampede of speculative and opportunistic litgation on the courts of the former #1 Judicial Hellhole, Philadelphia, the Pennsylvania Supreme Court last week ruled in Lance v. Wyeth that pharmaceutical companies can now be held liable for “negligent design defect” — a theory of liability not previously available to plaintiffs in the Keystone State . . . → Read More: PA High Court Embraces ‘Negligent Design Defect,’ Invites New Run on Reforming Philly Courts