Articles

DTCI: Determining personal jurisdiction in the Twitterverse

What are, or should be, the contours of personal jurisdiction over foreign defendants who are alleged to have defamed forum residents using social media? The answer will vary depending on the social media platform at issue and the details of the communication at issue.

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DTCI: ‘Justification to file’ on medical device review

A medical device which “presents a potential unreasonable risk of illness or injury” that cannot be alleviated by alternate means such as proper labeling, prohibitions against adulteration, performance standards, or post-market surveillance falls within Class III under the Medical Device Amendments to the Food, Drug and Cosmetic Act.

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DTCI: The broad scope of MDA preemption

In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the
Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect
or implied warranty but also causes of action premised on theories such as consumer fraud.

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