Avoiding Preemption under Mensing and Defeating Forum Shopping in Drug and Medical Device Litigation
Presented By: DRI's Drug and Medical Device Committee
Motions to dismiss are a common vehicle to challenge the propriety of new lawsuits in drug and medical device cases. In new cases involving generic drugs, a motion to dismiss based on preemption is the typical response, but plaintiffs have been looking for ways around the effects of Mensing. And in cases involving multiple plaintiffs, motions on venue and joinder grounds are typically filed, although the laws of the various jurisdictions present challenges to these efforts. With an ever shifting tide, it is important to stay current on these topics. Register now to learn from top attorneys about the latest developments and the successes of these defenses.
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Samuel J. Abate, Jr. is a partner in Pepper Hamilton’s New York office. Mr. Abate focuses his practice in civil litigation, with an emphasis on the defense of pharmaceutical and medical device companies in complex litigation involving marketed products and medical devices. He also advises clients on issues relating to electronic discovery.
Mark C. Hegarty is a partner in the firm’s Kansas City office. His practice is focused on nationwide complex litigation, including the defense of pharmaceutical and medical device manufacturers. Mr. Hegarty has spoken on numerous occasions regarding various litigation topics, including at DRI’s Drug and Medical Device’s Annual Seminar.