Business Litigation Article Archives

Preemption in Medical Device Litigation: What has changed Since Reigel?

March, 2012

This Article provides an overview of current State and legislative developments after Riegel. It begins with a history of medical device regulation and highlights the recent case of Stengel v. Medtronic, in which the Ninth Circuit adhered closely to Riegel to hold State law claims preempted by the MDA. Stengel also highlights the uncertainty lower court’s face in the wake of Riegel when determining which claims are encompassed in the Supreme Court’s 2008 holding.

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Judicial Selection: The Nuts and Bolts of Making it to the Bench Published in the Fall 2012 Edition of The Defense Line, A Publication from the Maryland Defense Counsel Inc.

February, 2012

How does one become a judge? District 4 of The National Association of Women Judges held a forum at Semmes, Bowen & Semmes’ Baltimore Office where a distinguished panel of sitting judges and other lawyers, involved in the judicial nominations process, sought to demystify the ascension to a judgeship for the audience. The panelists informed aspiring judges on the nuts and bolts of judicial selection.

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Preventing Admission of Product Recall Evidence Against Your Medical Device Client

March, 2011

It seems that product recall measures permeate the major news headlines. With so much publicity, impaneling a jury that is not prejudiced is nearly impossible. Defense attorneys must be prepared to handle harmful product recall evidence, especially in medical device cases. This article aims to demystify the handling of recall evidence in product liability cases,…

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Ordinary Events Which Can Create Unusual and Troublesome Claim Situations

January, 2005

Many events can create unusual claim situations if not carefully and promptly addressed. Failure to appreciate the potential pitfalls inherent in such common situations may lead to unusual claim situations which can create expensive litigation and even cause multiple payments to be made for the same policy.

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