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Drugs & Medical Devices

Get ready for the next wave of pharmaceutical litigation with HarrisMartin's Drugs & Medical Devices. This reporter will keep you one step ahead of drug and medical device litigation with in-depth investigations, guest commentaries and objective courtroom coverage on today's and tomorrow's hottest drugs and supplements.


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Ill. Federal Judge Denies Abbott’s Bid for New Trial, Says Evidence Supported $15 Million Verdict

An Illinois federal judge has denied Abbott Laboratories Inc.’s motion for judgment as a matter of law or a new trial in a Depakote birth defect action, finding the evidence supported the plaintiff’s allegations that the label’s warnings regarding spina bifida and other birth defects were inadequate.


Del. Federal Judge Keeps Eliquis Cases in Federal Court, Says Removal Not Barred by § 1441(b)(2)

A Delaware federal judge has refused to remand 33 Eliquis cases to state court, ruling that because the defendants were not served before removal, "none of the parties in interest were properly joined and served as defendants is a citizen of the state in which the action was brought,” and as such, § 1441(b)(2) does not bar removal.


Plaintiff’s Counsel Ordered to Pay $25,665 in Sanctions in Neb. Federal Enbrel Action

A Nebraska federal judge has upheld a magistrate judge’s order imposing $25,665 in sanctions against a plaintiff’s attorney in an Enbrel action on the basis that the lawyer ignored or re-litigated the court’s discovery rulings and disregarded the proper procedures for objections and appeals.


10th Cir. Upholds Dismissal of Lawsuit Involving Mylan’s Generic Accutane, Says Claims Preempted

A federal appeals court has upheld dismissal of an action accusing Mylan Pharmaceuticals Inc. of failing to warn of the risks posed by its generic version of the acne drug Accutane, agreeing with the trial court that federal law preempts the failure-to-warn claims.


Mo. Federal Judge to Remand Non-Residents’ Claims in Essure Case, Citing Bristol-Myers

Missouri state courts cannot hear the claims of non-residents in a multi-plaintiff Essure action, a federal judge has ruled, explaining that the conduct giving rise to those claims did not occur in Missouri and Bayer’s general exercise of business activities in the state do not create a link between the claims and the Missouri forum.


Abbott Moves for Judgment or New Trial Following $15 Million Depakote Verdict

Abbott Laboratories Inc. has moved for judgment as a matter of law or a new trial following a $15 million verdict issued in a Depakote birth defect action, arguing the evidence did not support the plaintiff's allegation that it did not warn of the risk of spina bifida.


Claims Targeting Hydrogen Peroxide Whitening Toothpastes Not Preempted, N.Y. Federal Judge Rules

Federal law does not preempt claims accusing Colgate-Palmolive Co. of misrepresenting the efficacy of its “Optic White” whitening toothpastes, because there are no federal requirements that apply to the whitening effect of hydrogen peroxide in toothpaste, a New York federal judge has ruled.


8th Cir. Upholds Summary Judgment Award to DePuy in Total Hip System Action

A federal appeals court has upheld an award of summary judgment to DePuy Orthopaedics Inc. in a hip replacement action, agreeing with the lower court that the plaintiff’s causation expert failed to consider all of the possible explanations for the hip stem’s fracture.


Permacol Hernia Mesh Maker Awarded Summary Judgment in Mich. Federal Action

A Michigan federal judge has awarded summary judgment to Coviden Inc. in a Permacol biologic hernia mesh case after excluding the testimony of the plaintiff’s only medical on the basis that his opinions were not formed within the scope of his care and treatment of the plaintiff.


Ala. Federal Judge Remands Remicade Action, Says Nondiverse Defendant Not Fraudulently Joined

An Alabama federal judge has remanded a Remicade action to state court, ruling that the plaintiffs have asserted colorable claims against the nondiverse medical provider defendant and therefore he was not fraudulently joined.


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