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
New York’s intermediate appellate court, the Appellate Division, First Department, recently unanimously affirmed a Bronx County trial court decision that, when opposing parties’ experts offer conflicting affidavits, summary...more
From pharmaceuticals to cosmetics, preemption to expert preclusion, New York state and federal courts issued decisions in 2023, which further shaped the landscape in the medical and life sciences legal world. To prepare the...more
1/19/2024
/ Causation ,
Class Action ,
Cosmetics ,
Department of Health and Human Services (HHS) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Recalls ,
Liability ,
Life Sciences ,
Medical Devices ,
Multidistrict Litigation ,
New York ,
Over The Counter Drugs (OTC) ,
PFAS ,
Popular ,
Pre-Market Notification ,
Prescription Drugs ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Summary Judgment
New York’s Appellate Division, First Department affirmed a decision of the Bronx County Supreme Court, which precluded plaintiff’s expert evidence submitted in opposition to a summary judgment motion and following a Frye...more
We previously wrote about a federal magistrate judge’s report and recommendation denying exclusion of Plaintiffs’ specific causation expert and granting Defendants’ motions for summary judgment in a toxic tort suit arising...more
From contraceptives to mesh implants, shampoos to pasta, New York state and federal courts issued decisions in 2020 which further shaped the landscape in the medical and life sciences legal world. To prepare the best product...more
1/29/2021
/ Bayer ,
Contraceptives ,
Design Defects ,
Failure to Report ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Medical Devices ,
Merck ,
Mirena IUD ,
New York ,
Pfizer ,
Summary Judgment ,
Teva Pharmaceuticals ,
Transvaginal Mesh
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
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