Searching Content indexed under Trials & Appeals & Compensation by Reed Smith ordered by Published Date Descending.
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Eleventh Circuit Finds Difference Of Opinion Not Enough For An FCA Claim
Today's case doesn't involve prescription drugs or medical devices. But it is a circuit court opinion that we thought warranted bringing ...
United States
23 Sep 2019
The Unknown Unknowns – Differential Etiology And Idiosyncrasy
Donald Rumsfeld once justified attacking Iraq without firm evidence that his target possessed the ultimately apocryphal
20 Sep 2019
Court Tosses Cookie Cutter Allegations
One size does not in fact fit all. Cookie cutters are great for ensuring uniformity.
United States
19 Sep 2019
PML Valsartan Order
Few things raise our blood pressure as much as the MDL process. MDL stands for Multi-District Litigation, but the M might as well stand for Mutilating and the D for Distorting.
United States
13 Sep 2019
Utah Decision Yields Decidedly Mixed Results
We had been waiting for the Utah Supreme Court's decision in Burningham v. Wright Medical for some time. As we pointed out in a blogpost when Burningham was first certified by the district court
United States
12 Sep 2019
Why Should FDA Warning Letters Be Any Different?
We've blogged numerous times about the tentative, non-final, and informal status of FDA warning letters (and untitled letters and similar enforcement precursors
United States
10 Sep 2019
Shameless Plug: Discount Code For Our Readers To 2019 ACI Drug & Device Conference
As your bloggers – at least those without school-aged children – begin to mourn the dawning end of summer, we do at least see one bright spot in the ever-shortening days
United States
10 Sep 2019
A Second Lipitor Cert Petition, This Time Raising Personal Jurisdiction
California courts continue to find ways to exercise personal jurisdiction over out-of-state defendants, even when there is little or no dispute that the Constitutio
United States
9 Sep 2019
It's Only A Minute Order, But Still It Bears Watching
This appeared on September 3, 2019, on the Missouri Supreme Court's list of "Writs and Other Original Proceedings":
United States
6 Sep 2019
C.D. Illinois Rejects Spoliation Claim For Lack Of Special Relationship
Last week, we found ourselves focusing on spoliation issues in two different cases, one at the front-end (an early case assessment) and one at the back-end (haggling over jury instructions).
United States
5 Sep 2019
Georgia Court Makes Short Work Of PMA Medical Device Case
It's not a long decision – but there's still a lot to it. Maybe that's because there wasn't a lot to plaintiff's complaint. Regardless, Sharp v. St. Jude Medical, S.C., Inc., 2019
United States
2 Sep 2019
Mixed Treatment Of Clinical Trial Liability On Summary Judgment
A little knowledge is a dangerous thing. A jack of all trades is a master of none. These cutesy little phrases throw some derision toward one who
United States
30 Aug 2019
Mass Tort Plaintiffs Who Failed To Disclose Their Claims In Bankruptcy Court: Standing And Estoppel
We have blogged several times about mass tort plaintiffs who failed to list their tort claims in prior bankruptcy proceedings
United States
29 Aug 2019
Preemption After Albrecht – Retiring "Most Favorable" Factual Review
Bexis is updating the preemption chapter of his prescription medical product liability treatise, and with Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019)
United States
28 Aug 2019
The Facial Scan That Launched A Thousand Laws: Biometric Privacy Legislation Trend Continues To Grow Nationwide
Many states are following in the footsteps of Illinois' Biometric Information Privacy Act, a law that has led to an increase in the volume of class action privacy litigation and highlighted the importance of ...
United States
28 Aug 2019
Prescription Medical Product Causation – Expert Required − Part Three
Because we didn't want to split Pennsylvania, this part is a little longer, and part two a little shorter, than average.
United States
27 Aug 2019
About That Brand Memo . . .
Issued in January 2018, the so-called Brand Memo reminded Department of Justice (DOJ) attorneys that "[g]uidance documents cannot create binding requirements that do not already exist by statute or regulation."
United States
23 Aug 2019
NLRB Offers New Guidance On Mandatory Arbitration Agreements Following Last Year's Epic Decision
The National Labor Relations Board (the Board) issued a 3–1 decision in Cord๚a Restaurants, Inc., 368 NLRB No. 43 (2019)
United States
20 Aug 2019
Taxotere Court Excludes Expert Opinion On How The Medical Community Would Have Reacted To A Different Warning
We write today about a partial exclusion of a plaintiff expert in the upcoming Taxotere bellwether trial.
United States
16 Aug 2019
Prescription Medical Product Causation – Expert Required – Part One
We recently blogged about the final chapter (at the district court level, anyway) of the big defense win in the Mirena MDL.
United States
14 Aug 2019
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