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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

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Nov. 23, 2021

South Carolina and the Learned Intermediary Doctrine: In the Red Zone, But Not Over the Goal Line

By James F. Rogers, Joseph E. Fornadel, III, Shannon Coy


The current state of South Carolina law remains largely unchanged from the Blog’s 2007 coverage [ed. note the 2007 post is regularly updated]: it remains true that no South Carolina state appellate court has adopted the learned intermediary doctrine (“LID”) in a prescription medical product case against a product manufacturer.  There is an abundance of examples of federal courts taking their best Erie guess that the South Carolina Supreme Court would do so if presented squarely with the issue and some bread crumbs left by state court appellate decisions indicating the same.  Indeed, since 1984, the Fourth Circuit has held that the LID should be applied in the prescription product context under South Carolina law (with no contrary state precedent in the interim), making the issue largely academic for federal court practitioners.  Nevertheless, the LID has not crossed the goal line yet via a clear state appellate court decision, though there is little reason to believe that it will not at some point in the future.