Bryce Cooper

In what appears to be the first case to consider the issue, an Eastern District of Missouri court recently rejected the argument that the Supreme Court's Loper Bright Enterprises v. Raimondo1decision overruling Chevron deference undermines the basis for express preemption in medical device cases. Express preemption can be an effective defense in products cases involving medical devices.

The U.S. District Court for the Eastern District of New York recently allowed an expert's use of ChatGPT to confirm a proposed alternative design in a product liability lawsuit, denying the defendant's motion to exclude the expert testimony for failing the reliability requirement of Federal Rule of Evidence (FRE) 702.1 The plaintiff brought a lawsuit against Harbor Freight Tools USA, Inc., alleging that an axe he purchased from the defendant was defectively designed because the head of the...

A cert petition filed earlier in March in the long-running In re Fosamax (Alendronate Sodium) Products Liability Litigation gives the Supreme Court a chance to clarify—for the second time—the Third Circuit's restrictive application of the impossibility preemption defense. Readers of this blog are likely familiar with impossibility preemption.