Jonathan A. Berkelhammer By Jon Berkelhammer The Federal Rules of Civil Procedure were designed to “secure a just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. Yet with the previously “accepted rule that a complaint should not be dismissed for failure to state a claim unless it […]
Leslie C. Packer Leslie Packer and Nora Sullivan recently obtained a dismissal with prejudice of a lawsuit alleging various state law causes of action stemming from a medical device manufacturer’s alleged off-label promotion of its device. Ellis & Winters represented medical device manufacturer Pioneer Surgical Technology, Inc. and its successor, RTI Surgical, Inc. in the […]
Kelly Margolis Dagger By Kelly Margolis Dagger Consider the following two statements: “The company’s business practices are legal.” “We believe the company’s business practices are legal.” From an investor’s perspective, do both statements have the same meaning? The United States Supreme Court thinks not. The former expresses a fact, the latter an opinion. […]
Thomas H. Segars By C. Scott Meyers & Thomas H. Segars In pari delicto is an equitable defense asserted when a defendant claims that a plaintiff is equally at fault for the wrong that has befallen him. The doctrine is “rooted in the common-law notion that a plaintiff’s recovery may be barred by his own wrongful […]