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That started us thinking about other uses of severance of non-indispensable parties to preserve diversity – particularly, as in the Rejuvenate case, medical malpractice defendants in product liability litigation – to preserve federal diversity jurisdiction. We most recently returned to this issue here , where we discussed Sullivan v.
That could be because the local courts have taken a different approach than the MDLs did, because it is hard to prove a design defect when your experts criticize every device in the class, or because the prescribing doctors in later cases were aware of the risks. Donaldson v. Johnson & Johnson , __ F.4th
They’re experienced at what they do and aren’t intimidated by plaintiffs’ counsel and their threats of malpractice claims if they don’t testify the way plaintiffs want them to. Further, “both doctors testified that they still prescribe [the drug] for patients with conditions similar to plaintiff’s condition.” Schering Corp. ,
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