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Program Overview

Motions to dismiss are a common vehicle to challenge the propriety of new lawsuits in drug and medical device cases. In new cases involving generic drugs, a motion to dismiss based on preemption is the typical response, but plaintiffs have been looking for ways around the effects of Mensing. And in cases involving multiple plaintiffs, motions on venue and joinder grounds are typically filed, although the laws of the various jurisdictions present challenges to these efforts. With an ever shifting tide, it is important to stay current on these topics. Register now to learn from top attorneys about the latest developments and the successes of these defenses. a06233af29bd77c60be910f30c9ce724.png

Who Should Attend

  • Attorneys who regularly represent drug and medical device companies
  • In-house and outside counsel analyzing risk exposure for drug and medical device companies
  • Trial counsel needing to stay on top of critical trends

What You Will Learn

  • Post-Mensing Efforts by Plaintiffs to Avoid Preemption
  • Venue and Joinder Challenges in Multi-Plaintiff Drug and Medical Device Cases


Samuel J. Abate, Jr.

Samuel J. Abate, Jr. is a partner in Pepper Hamilton’s New York office. Mr. Abate focuses his practice in civil litigation, with an emphasis on the defense of pharmaceutical and medical device companies in complex litigation involving marketed products and medical devices. He also advises clients on issues relating to electronic discovery.

Mark C. Hegarty

Mark C. Hegartyis a partner in Shook Hardy & Bacon’s Kansas City office. His practice is focused on nationwide complex litigation, including the defense of pharmaceutical and medical device manufacturers. Mr. Hegarty has spoken on numerous occasions regarding various litigation topics, including at DRI’s Drug and Medical Device’s Annual Seminar.

DRI, The Voice of the Defense Bar, intends to comply with all applicable anti trust laws. Accordingly, DRI cannot, and will not, tolerate conduct that could lead to, or even suggest, agreement among its members that might restrain trade or violate such laws. All such conduct is a violation of DRI policy