David Ferrera Quoted on Zofran Product Liability Suit in Massachusetts Lawyers WeeklyPrint PDF
David Ferrera, a partner in Nutter’s Litigation Department and chair of the firm’s Product Liability practice group, was quoted in an article for Massachusetts Lawyers Weekly titled, "Zofran product liability suits preempted by federal law." In the piece, David said he was impressed that Saylor reversed his pre-Albrecht denial of summary judgment two years ago in the same case. He also said the ruling should be helpful for defense lawyers in deciding whether to file a dispositive motion early in a case based on judicial notice of the FDA's record, speculating that if Saylor had the benefit of Albrecht at the time of his prior ruling, the parties might have saved two years of discovery and litigation expense.
"Many times [defendants] early on file a motion to dismiss or motion for summary judgment on grounds that the court can take judicial notice of what happened at the FDA," David added. "The plaintiffs jump up and down saying, 'We need discovery!' But do they really? ... If you're in the district of Massachusetts, this decision may tilt the balance toward moving earlier rather than later."