From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more
1/19/2023
/ Class Action ,
Consumer Fraud ,
Deceptively Misdescriptive ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Implied Warranties ,
Labeling ,
Life Sciences ,
Medical Devices ,
Misleading Statements ,
Negligence ,
New York ,
Pharmaceutical Industry ,
Popular ,
Putative Class Actions ,
Strict Liability ,
Unfair or Deceptive Trade Practices ,
Vaccinations
New York’s Appellate Division, Second Department reversed a trial court decision that granted a defendant’s motion to compel acceptance of a late answer. The facts on appeal entailed plaintiff completing service on November...more
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
A New York Supreme Court allowed a Plaintiff to assert a statutory fraud claim in the context of deceptive business practices under New York General Business Law (“GBL”) § 349 against Plaintiff’s neurologist in conjunction...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