The Ninth Circuit Court of Appeals recently shrank universe of state law claims pertaining to Class III medical devices that remain untouched by Riegel express preemption or Buckman implied preemption. In Stengel v. Medtronic, Inc., the Court ruled that a state law failure-to-warn claim premised on FDA regulations was impliedly preempted by the Supreme Court’s decision … Continue Reading
In Thomas, Melau, and Anderson v. Novartis Pharms. Corp., the Sixth Circuit Court of Appeals recently affirmed a trio of cases prohibiting the testimony of treating physicians as specific causation experts. Though the appellate court’s opinion was not recommended for full-text publication, it nonetheless offers a salient reminder of a Daubert rule well-enunciated in the Sixth Circuit: … Continue Reading
In late March, I blogged on an important new case from the Tenth Circuit reaffirming the economic loss rule. Last week, the Indiana Supreme Court handed down a major decision in a construction case, reaffirming this important principle of business law. According to the economic loss rule, where a plaintiff has suffered merely economic loss – … Continue Reading
