From medical devices to OTC drugs, preemption to expert preclusion, New York state and federal courts issued decisions in 2024 which further shaped the landscape in the medical and life sciences legal world. To prepare the...more
1/23/2025
/ Biologics ,
Class Action ,
Daubert Standards ,
Dietary Supplements ,
Expert Witness ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Rules of Civil Procedure ,
Food and Drug Administration (FDA) ,
Injunctive Relief ,
Life Sciences ,
Medical Devices ,
Negligence ,
Over The Counter Drugs (OTC) ,
PFAS ,
Preemption ,
Product Defects ,
Summary Judgment ,
Vaccinations
In a mass tort product liability, class action and consumer fraud consolidated litigation involving Allergan's Biocell textured breast implants and tissue expanders, Allergan moved to dismiss plaintiffs' complaints on...more
In responding to the question of law certified by the United States Court of Appeals for the Third Circuit pursuant to Rule 2:12A-3, the New Jersey Supreme Court answered in the affirmative that a claim under the New Jersey...more
The Appellate Division of New York, Second Department, recently upheld a lower court’s decision denying a defendant manufacturer’s application to perform destructive testing on a plastic object surgically removed from...more
Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more
5/9/2018
/ Appeals ,
Breach of Warranty ,
Design Defects ,
Dismissals ,
Expert Testimony ,
Failure To Warn ,
Learned Intermediary ,
Manufacturing Defects ,
Negligence ,
Product Defects ,
Summary Judgment
To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more
2/12/2018
/ Breach of Warranty ,
Causation ,
Design Defects ,
Expert Testimony ,
Expert Witness ,
Failure To Warn ,
Learned Intermediary ,
Medical Devices ,
Negligence ,
Personal Liability ,
Pharmaceutical Industry ,
Physicians ,
Preemption ,
Prescription Drugs ,
Product Defects ,
Salespersons ,
Split of Authority ,
Strict Liability