Searching Content indexed under Personal Injury by Reed Smith ordered by Published Date Descending.
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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
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
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
Prescription Medical Product Causation – Expert Required – Part Two
What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support. Part One was last week.
United States
22 Aug 2019
Fraudulent Joinder And Misjoinder Arguments Prevail In Missouri
The manufacturer defendant, who was not a Missouri resident, removed the case to federal court alleging both fraudulent joinder as to the surgical center and misjoinder as to the driver of the car.
United States
2 Aug 2019
Remand Court Forces Plaintiff's Counsel Out Of The Shadows
You've heard the saying – you can run, but you can't hide. Well, in Multidistrict Litigation, we could have a saying – you can hide, but only until remand.
United States
29 Jul 2019
A Money-For-Nothing Pharmaceutical Class Action In California
We continue to scratch our heads over consumer class actions seeking monetary compensation when the customers received exactly what they paid for
United States
18 Jul 2019
E.D. Missouri Dismisses Non-Missouri Mesh Claims For Lack Of Personal Jurisdiction
You cannot get too much of a good thing, so let's celebrate another good jurisdiction case out of Missouri. (Prior examples can be found here and here, among others.)
United States
17 Jul 2019
Mass Tort Litigation Funder Indicted In Pelvic Mesh Litigation
We've blogged a number of times about how litigation funding arrangements involving personal injuries and mass torts collide
United States
3 Jul 2019
Missouri Federal Court Finds No Specific Jurisdiction Over Kansas Knee Implant
Missouri courts keep showing us surprisingly good things on the personal jurisdiction front. In Mitchell v. DePuy Orthopaedics, Inc., 2019 U.S. Dist. LEXIS 92621 (W.D. Missouri June 3, 2019),
United States
24 Jun 2019
Statute Of Limitations – Not Just Pretty Words
Anytime we start to write a post about a decision from New York, our heads start swimming in music lyrics. Rose trees never grow in New York City…
United States
29 May 2019
Fraudulently Joined At The Hip
In some states (we're looking at you, California) it is frightfully hard to win on fraudulent concealment removal where the plaintiff
United States
27 May 2019
United States
20 Mar 2019
Discovery Rule Rules The Day On Statute Of Limitations Motion To Dismiss
Geographical pride. A feeling of community. Belonging. Being one of the locals. We all experience it to some degree. Sometimes you take it with you.
United States
29 Nov 2018
Trying To Reheat A Turkey
As we roll out of bed on the day after Thanksgiving, we are often confronted with contradictory thoughts.
United States
28 Nov 2018
D. Colorado Applies Learned Intermediary Rule To Medical Devices
A federal judge in one of our non-drug or device cases recently informed the parties that he was so busy with his criminal docket that it might be better to let the magistrate judge take over our case, including trial.
United States
13 Nov 2018
Guest Post – What Does Your Dismissal Without Prejudice Mean? − A 50 State Survey Of Savings Statutes
Today's guest post was is a group effort of Betsy Chance, Diana Comes, and Mac Plosser, all at the Butler Snow firm.
United States
19 Oct 2018
SDNY Holds That Fear Of Injury From IVC Filter Is Not Actionable
Is fear of injury the same thing as injury? The question answers itself. At least it should. They are not the same, and there are strong jurisprudential reasons ...
United States
31 May 2018
Post-BMS: Jurisdiction Over Subsidiary ≠ Jurisdiction Over Parent
Wilson was a wrongful death case filed almost exactly two years after the death at issue.
United States
11 Apr 2018
Eleventh Circuit Confirms Alabama's Strict Causation Standard And Clarifies The Elements Of Informed Consent Claims
In Looney v. Moore, 2018 WL 1547260 (11th Circuit Mar. 30, 2018), the Eleventh Circuit confirmed Alabama law's rejection of an "increased risk of harm causation standard and established that...
United States
11 Apr 2018
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