It’s Spring! In this issue of Pro Te, we do a little a “spring cleaning” to brush the dust off some familiar topics that we consider in day-to-day pharmaceutical litigation. In The Forgotten Element? Warnings Proximate Causation in Trial Practice, we take a fresh look at proximate cause, including how best to maximize testimony from prescribing physicians to reveal why a plaintiff has failed to satisfy this critical element of a products liability claim.
We also raise the shades to illuminate the new Cures Act with a two-part look at how the new law intends to enhance medical care and pave the way for new pathways to develop drugs and medical devices.
Consistent with the notion of spring cleaning, we all know how great it feels to find something you didn’t know you had. In Wearable Technology Discovery in Personal Injury Cases: How Data From a Plaintiff’s Wrist Can Make a Difference in the Courtroom, we discuss how electronics and technology (think FitBit®) can uncover data about plaintiffs—and how that evidence may be admissible in court.
Finally, we do some deep cleaning on an old topic: personal jurisdiction! This is one of the hot topics in law right now, with important decisions looming in several courts, including the U.S. Supreme Court. We highlight some of these important cases in Norfolk Southern Ry. Co. v. Dolan: The end to litigation tourism in the City of St. Louis?
So: let’s brush off some of those legal cobwebs and embrace Spring!
The Forgotten Element? Warnings Proximate Causation In Trial Practice – Pro Te Spring 2017, by Mark A. Dreher
Health Information Technology (HIT) Inoperability Under The 21st Century Cures Act – Pro Te Spring 2017, by Hollie A. Smith
21st Century Cures Act: New Clinical Research Tools – Pro Te Spring 2017, by Virginia B. Wilson