Make a Federal Case Out of It

Articles & Publications

January 9, 2013

Plaintiff's attorneys who handle drug or medical device litigation will do almost anything to avoid trying their cases in federal court, where legal standards are uniformly more rigorous and defendants are more likely to get a receptive hearing. This is why plaintiff's attorneys have aggressively filed these cases in state courts, surprisingly, without much opposition from defendants. What defendants don't realize is there is a little-used tactic that allows the vast majority of such suits to be heard by the federal judiciary, dramatically improving the likelihood of a positive outcome and almost certainly reducing a defendant's financial exposure should they lose. In "Make a Federal Case Out of It," Segal McCambridge Shareholder Paul E. Wojcicki and Associate Joseph F. Kampherstein III explain how companies can protect themselves with this little-used tactic, and how to identify the occasional case where state court makes more sense.

This article originally appeared in the December 2012 issue of the Defense Research Institute's For The Defense.

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