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Malarkey ? The Ten Worst Prescription Drug/Medical Device Decisions of 2023

Drug & Device Law

Bexis’ amicus efforts this year in Mallory obviously came to naught, and we’ve had our own cases on this list before (see, e.g. , 2013-2 and 2021-10 ). The logic of the consumer fraud claim made no sense. If you’ve been burned by any of these judicial debacles, we sympathize. A lawyer who never loses doesn’t litigate hard cases.

FDA 52
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The BFDs – The Ten Best Prescription Drug/Medical Device Decisions of 2023

Drug & Device Law

2023) ( Buckman preemption barred MDL asserting fraud on EPA), cert. Plaintiff knew about it, too, since he signed an informed consent document mentioning it. The G/N MDL was created in 2013 and mostly settled in 2016. Monsanto Co. , 4th 1261 (11th Cir. 4th 851 (6th Cir. denied , 144 S. 4th 696 (3d. 13) McGee v.

FDA 105
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Stupid Expert Tricks Redux

Drug & Device Law

2013) (Painter); McClellan v. 2019) (Augustine); In re Mirena IUD Levonorgestrel-Related Products Liability Litigation (No. II) , 341 F. 3d 213, 222-23, 229-32 (S.D.N.Y. 2018) (Etminan); Gerke v. Travelers Casualty Insurance Co. , 316, 328-29 (D. I-Flow Corp. , 2d 1092, 1119-25 (D. 2010) (Matsen); Nelson v. Tennessee Gas Pipeline Co.