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Articles by Kip S.m. McDonald
New Conferral Requirement for Rule 30(b)(6) Depositions Effective December 1 | JD Supra
The last month of the year brought changes to Rule 30 of the Federal Rules of Civil Procedure, specifically Rule 30(b)(6), governing deposition notices to organizations. The rule was amended, effective December 1, 2020.
Did the OIG Just End In-Person Speaker Programs? | JD Supra
On November 16, 2020, the Department of Health and Human Services, Office of Inspector General (OIG) published a Special Fraud Alert for Speaker Programs. The Special Fraud Alert "highlights some of the inherent fraud and abuse risks" related to company-sponsored speaker programs and provides examples of problematic speaker program characteristics that may render speaker program arrangements unlawful.
Indiana State and Federal Courts Rule That Manufacturing Defect Claims May Survive Preemption in PMA Context | JD Supra
Indiana courts have recently addressed preemption issues in matters involving devices approved by the Food and Drug Administration (FDA) through the premarket approval (PMA) process. First, the Indiana Court of Appeals affirmed a trial court’s denial of a motion for judgment on the pleadings, holding that the plaintiffs had pled at least one viable claim: the manufacturing defect claim.
Indiana State and Federal Courts Rule That Manufacturing Defect Claims May Survive Preemption in PMA Context
Friday, August 28, 2020 Indiana courts have recently addressed preemption issues in matters involving devices approved by the Food and Drug Administration (FDA) through the premarket approval (PMA) process. First, the Indiana Court of Appeals affirmed a trial court’s denial of a motion for judgment on the pleadings, holding that the plaintiffs had pled at least one viable claim: the manufacturing defect claim.
DTCI: Revisiting Medical Monitoring Class Actions
McDonald Anwar By Haroon Anwar and Kip S.M. McDonald For well over 30 years, plaintiffs have been filing lawsuits based upon their “fear” or alleged risk of developing a future illness. These plaintiffs are usually symptom-free and show no signs of disease related to the alleged product exposure at issue, but they seek to recover medical monitoring costs, which often run to millions of dollars to pay for expensive, long-term diagnostic tests and medical examinations.
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