WARNINGS PROXIMATE
CAUSATION
CURES ACT
WEARABLE TECHNOLOGY
NEW AND NOTEWORTHY
VOL. 10 NO. 2
SPRING 2017
DEAR CLIENT,
It’s Spring! In this issue of Pro Te, we do a little a “spring
cleaning” to brush the dust off some familiar topics that
we consider in day-to-day pharmaceutical litigation. In
The Forgotten Element? Warnings Proximate Causation
in Trial Practice, we take a fresh look at proximate
cause, including how best to maximize testimony from
prescribing physicians to reveal why a plaintiff has failed
to satisfy this critical element of a products liability claim.
We also raise the shades to illuminate the new Cures
Act with a two-part look at how the new law intends
to enhance medical care and pave the way for new
pathways to develop drugs and medical devices.
Consistent with the notion of spring cleaning, we all
know how great it feels to find something you didn’t
know you had. In Wearable Technology Discovery in
Personal Injury Cases: How Data From a Plaintiff’s Wrist
Can Make a Difference in the Courtroom, we discuss
how electronics and technology (think FitBit®) can
uncover data about plaintiffs—and how that evidence
may be admissible in court.
Finally, we do some deep cleaning on an old topic:
personal jurisdiction! This is one of the hot topics in
law right now, with important decisions looming in
several courts, including the U.S. Supreme Court. We
highlight some of these important cases in Norfolk
Southern Ry. Co. v. Dolan: The end to litigation tourism
in the City of St. Louis?
So: let’s brush off some of those legal cobwebs and
embrace Spring!
THE FORGOTTEN ELEMENT?
WARNINGS PROXIMATE CAUSATION
IN TRIAL PRACTICE
THE CURES ACT
WEARABLE TECHNOLOGY DISCOVERY IN
PERSONAL INJURY CASES:
HOW DATA FROM A PLAINTIFF’S WRIST CAN
MAKE A DIFFERENCE IN THE COURTROOM
NEW AND NOTEWORTHY
CHRISTY D.
JONES
Co-Chair
Litigation
CHARLES F.
JOHNSON
Co-Chair
Business and
Corporate Healthcare
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Copyright © 2017 by Butler Snow LLP. All rights reserved.
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