The Iqbal/Twombly Decisions

One of the most frustrating and wasteful legal expenses for a medical device or pharmaceutical manufacturer is the cost of defending against claims where its product is ultimately found not to be involved. This happens where cases are pleaded to include the defendant along with multiple other manufacturers of the same or similar products. Such general pleading tactics in toxic tort cases have become the status quo for many plaintiffs' firms nationwide, where counsel look to “take the easy way out” by simply naming all competing manufacturers of a product rather than doing their investigative homework up front on the issue of product identification. Medical product manufacturers consider this “shotgun” approach to litigation abusive and harassing, and they have long chafed against having to defend against claims that do not involve their products.