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Insight Center: Webinars

Avoiding Preemption Under Mensing and Defeating Forum Shopping in Drug and Medical Device Litigation

Speakers: Samuel J. Abate Jr. and Mark C. Hegarty

4/16/2019
1:00-2:00 PM (ET) | 10:00-11:00 AM (PT)
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. This webinar will cover the latest developments and the successes of these defenses.

Key topics include:

  • Post-Mensing efforts by plaintiffs to avoid preemption
  • Venue and joinder challenges in multi-plaintiff drug and medical device cases.

CLE credit available.

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