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Live Free, or at Least Have a Present Injury

Drug & Device Law

Right now, the schedule for the meeting has debate on the “Restatement of the Law Third, Torts: Medical Malpractice & Miscellaneous Provisions” – which includes the medical monitoring proposal – set for Monday, May 22 at 10:30 a.m. 14, 2009), aff’d in part on other grounds , 628 F.3d 3d 1139 (9th Cir. 2010); Duncan v. 601, 607-09 (W.D.

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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. procedure that existed at the time of [plaintiff’s] injury”; malpractice was “intervening cause”) (applying Kansas law); Eck v. Abbott Laboratories, Inc. ,

FDA 59
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Removal, Severance & Rule 21

Drug & Device Law

That started us thinking about other uses of severance of non-indispensable parties to preserve diversity – particularly, as in the Rejuvenate case, medical malpractice defendants in product liability litigation – to preserve federal diversity jurisdiction. July 11, 2011)); here (discussing Stone v. Zimmer, Inc. 2009 WL 1809990 (S.D.

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Pennsylvania Also Rejects Educational Malpractice, and Thus Duty-To-Train Claims

Drug & Device Law

We have posted twice before about decisions that reject duty-to-train claims under the rubric of “educational malpractice.” The claim against the flight school were dismissed because “Pennsylvania courts have not permitted cases of negligence resulting from alleged educational malpractice to persist.” 2011), aff’d , 816 N.W.2d