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1
If We're Not All Wet, We're Still Rather Damp
Late last year we published the post "Twiqbal for Defendants? Not If We Can Help It." on the issue of whether the "plausibility" standard of Bell Atlantic Corp. v. Twombly...
United States
15 May 2019
2
More Adventures In Personal Jurisdiction – Has Pennsylvania Fire Already Been Extinguished?
Bexis recently filed a personal jurisdiction amicus brief in Pennsylvania – ground zero in the battle over general jurisdiction by "consent" due to a foreign corporation's registration to do business in the state.
United States
22 Mar 2019
3
Listen Up Youse Guys − The Fastest Way Out Of Pennsylvania's Deep End
Courts holding otherwise must be channeling John C. Calhoun.
United States
30 Jan 2019
4
Certification Of Complete Document Production: Completely Unnecessary
We recently gave a talk on things in MDLs that drive us crazy.
United States
22 Jan 2019
5
Updating Our Post-Bauman 50-State Survey On General Jurisdiction By Consent
Pennsylvania Fire cannot be divorced from the outdated jurisprudential assumptions of its era.
United States
7 Nov 2018
6
What About Erie?
If a court acknowledges that no state or federal appellate courts in the jurisdiction have addressed the question before it, we think at a minimum there also should be an acknowledgement of the Erie doctrine.
United States
12 Oct 2018
7
Re-Examining The Ethics Of Removal
In the early days of the Blog, in 2009, when Bexis and Mark Herrmann were operating in relative obscurity, we posed the question whether it was ethical to remove to federal court a case that may well be non-removable and hope that opposing counsel is "asleep at the switch":
United States
12 Sep 2018
8
The Blog's Personal Jurisdiction Resources
We've heard that we should welcome some new subscribers, who aren't that interested in drug and device litigation, per se, but have been attracted by our coverage of personal jurisdiction issues...
United States
2 Aug 2018
9
Simple Question; Not So Simple Answer
We were reading the appallingly bad personal jurisdiction (and other things, but those aren't what we're interested in today) decision in Hammons v. Ethicon, Inc., ___ A.3d ___, 2018 WL 3030754 ...
United States
13 Jul 2018
10
New Philly Opinion Rejects Personal Jurisdiction Via Corporate Registration Consent
Not so long ago the Philadelphia Court of Common Pleas emitted a malodorous opinion exercising personal jurisdiction over a foreign corporation because one of its materials suppliers...
United States
14 Jun 2018
11
Expert's Explanation For Mistake Does Not Warrant New Trial
Last week at the DRI conference in New York an especially talented lawyer delivered an especially interesting address.
United States
17 May 2018
12
At Least Listen To Us Now – Waiver & Personal Jurisdiction
Personal jurisdiction defenses, however, are waivable.
United States
25 Apr 2018
13
We, The Jury
Last week we served on a jury in a medical malpractice verdict. To put it mildly, we were surprised that we made it through the peremptory gauntlet.
United States
20 Apr 2018
14
Guest Post – The Federal Judicial Center's Mandatory Initial Discovery Pilot Project Complicates Litigation In Adopting Districts
Today's guest post is by Reed Smith‘s Lisa Baird, who has written about her recent experience with mandatory initial discovery, as practiced in a "Pilot Project" in place ...
United States
12 Feb 2018
15
Quasi Guest Post – 50 State Survey On General Jurisdiction Through Consent By Registration To Do Business: Putting Bauman And Baseball Back Together
What follows is a collaborative effort between Bexis and Reed Smith‘s Kevin Hara, who helped research and write this post. It's not really a guest post, but Kevin had such a large hand in it that his contribution deserves to be separately acknowledged.
United States
18 Dec 2017
16
Note To Experts: Do Not Cruelly Disparage Your Client's Decedent, Curse Out Your Judge, And Flout The Court's Orders, Or You May Face Steep Personal Sanctions
Those of us who practice in the mass tort space spend vast portions of our professional lives dealing with our opponents' experts.
United States
8 Dec 2017
17
Forum Non Conveniens And Choice Of Law – Issues Post BMS
Interestingly, it's a case that is almost a year old that has us thinking about litigation tourism post Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017).
United States
14 Nov 2017
18
Guest Post – Accutane Amici Say: Relax Somewhere Else – Expert Testimony In New Jersey Should Be Held To A Higher Standard
This guest post is by Reed Smith‘s Devin Griffin. It deals with an important pending appeal in New Jersey's version of Jarndyce v. Jarndyce – Accutane litigation.
United States
6 Nov 2017
19
Second Circuit Affirms Exclusion Of Plaintiffs' Experts – And Summary Judgment For Defendant – In Mirena MDL
Daubert embodies real standards. And the Rules of Evidence are more than suggestions.
United States
1 Nov 2017
20
Awful Missouri Venue And Warnings Opinion Affirmed—But Maybe Some Hope
Hope springs eternal. At least that is what the optimists say, and while we would like to see the bright side of the Missouri Supreme Court's split opinion on venue in Barron v. Abbott Laboratories, Inc., ...
United States
27 Sep 2017
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