This quarter Chief Judge Frank P. Geraci Jr. conducted what was likely the first in-person federal court jury trial since the onset of the COVID-19 pandemic in June. Meanwhile, Senior Judge David G. Larimer addressed express and implied preemption arguments in dismissing a case against the manufacturer and marketer of a medical device by former users of the device  in English v. Bayer, No. 19-CV-6615L, 2020 U.S. Dist. LEXIS 111465, at *1 (W.D.N.Y. June 25, 2020).

Defendants, manufacturers/marketers of the medical device, brought a motion to dismiss arguing that plaintiffs’ claims were preempted by federal law. In addition to analyzing preemption and whether to impose sanctions on one of the plaintiffs for a previously filed and duplicitous case, Larimer also considered whether to allow plaintiffs to amend their complaint. In an interesting post-script, despite one of the plaintiffs escaping the imposition of sanctions under Rule 41 of the Federal Rules of Civil Procedure because she established her financial inability to pay, that plaintiff along with the other two, filed a notice of appeal.

A Jury Trial in the COVID Era

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