There Is No Need to Feel Bad About Dismissing a Barred Case

Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing Phillips v. Ethicon Endo-Surgery, Inc., in which the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of two related implied warranty cases involving a prescription surgical stapler. Eric reviews the plaintiff's failure to provide the pre-suit notice required under Texas law, along with the procedural decisions that ultimately prevented the claims from moving forward. Although the court found no reversible error, Eric questions its decision to express sympathy for the plaintiffs without offering comparable criticism of their counsel's conduct. He argues that courts should apply pleading standards and other legal requirements impartially, refraining from using language that suggests sympathy or emotional considerations could influence the outcome.

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