Pleading Around Obvious Defenses
Litigation attorney Eric Alexander published a blog for Drug & Device Law examining Owens v. Johnson & Johnson Co., a U.S. District Court for the Northern District of California decision that underscores how plaintiffs may need to plead around obvious defenses when asserting drug and device claims. The court dismissed the complaint after finding the plaintiffs failed to allege facts sufficient to overcome preemption and California's statute of limitations, emphasizing that claims involving U.S. Food and Drug Administration (FDA)-regulated products must plausibly address legal barriers apparent on the face of the pleading. Mr. Alexander discusses the decision's broader implications for product liability litigation, particularly whether courts should require plaintiffs to include more detailed allegations on timeliness, preemption and other threshold issues at the outset.