We have posted in the past about how, since 2010, the Sixth Circuit has been far more likely to reverse an exclusion of Daubert testimony than a district court’s decision to admit such testimony (although admittedly the sample size is small). And about two weeks ago, we posted on an additional reversal of a district … Continue Reading
Out of nearly 5,000 reported opinions in the last five years, no one will be surprised that the Sixth Circuit cited its own cases in all but five opinions. But what other circuits does the Sixth Circuit rely on? From the raw numbers, Sixth Circuit judges cite cases from the Second, Seventh, and Ninth Circuits … Continue Reading
In Krumpelbeck v. Breg, Inc. (Case No. 11-3726), the Sixth Circuit ruled that a plaintiff’s claims for defective design and failure to warn regarding a pain pump manufactured by Breg, Inc. could go to a jury. Interestingly, the court permitted the claims to continue based on literature regarding harm of the same general nature as … Continue Reading
The Sixth Circuit will soon have a chance to consider the extent of the Supreme Court’s decision in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011). Plaintiffs in the federal multi-district litigation In re: Darvocet, Darvon and Propoxyphene Products Liability Litigation, Case No. 11-md-2226-DCR, MDL Docket No. 2226, raised a host of claims against … Continue Reading