Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

<b><i>Practice Tip:</i></b> Starting Medical Device Mass Tort Actions

By Lawrence Goldhirsch and Michael Pederson
November 02, 2015

A medical device case poses numerous pleading problems ( See “Practice Tip: Pleading Medical Device Complaints,” LJN's Product Liability Law and Strategy, August, 2011, http://bit.ly/1OVGLm7); however, before one even reaches the pleading stage there are major hurdles to consider.

If a firm is “lucky” enough to be retained on 100 such cases, the legal triage begins immediately. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable and that is no small task. Ever since Daimler v. Bauman and Goodyear v. Brown were decided by the Supreme Court, jurisdiction over out-of-state manufacturers has become an unstable issue in every case where a plaintiff has been injured by a product designed and manufactured outside of the plaintiff's state of use. (See “Jurisdiction in Product Liability Cases after 2014,” LJN's Product Liability Law and Strategy , March, 2015, http://bit.ly/1FRK1MO).

Jurisdiction

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.