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Searching Content indexed under Product Liability & Safety by Reed Smith ordered by Published Date Descending.
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1
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
2
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
3
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
4
New Hampshire Court Applies New Hampshire Product Liability Law And Denies Motion To Dismiss Plaintiff's Product Liability Claims
Choice of law analyses are confounding. They involve multi-factor tests and come with histories of decisional law that rarely apply those factors consistently.
United States
27 Aug 2019
5
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
6
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
7
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
8
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
9
Wrong Court
On practically no issue has this Blog been more insistent than on the principle of Erie conservatism when federal courts sitting in diversity undertake to "predict" state tort law.
United States
31 Jul 2019
10
Connecticut Trial Court Tosses Vaginal Mesh Case Against Hospital
Our firm represents a couple of companies in the vaginal mesh MDL, so it is difficult for us to write on that, er, fascinating litigation.
United States
29 Jul 2019
11
Will Agency Deference Ruling Affect Preemption?
We might not have even read the Supreme Court's recent – and long and convoluted − agency deference decision, Kisor v. Wilkie
United States
23 Jul 2019
12
Most Claims Dismissed With Prejudice In N.D. Cal. Amiodarone Case
Indulge us for a moment as we recount another airline adventure. Recently, we traveled thousands of miles to an important argument.
United States
12 Jul 2019
13
Shut The Door On Punitive Damages "Experts"
We know of only a couple of cases that have allowed "experts" to testify on the subject of punitive damages
United States
25 Jun 2019
14
International Trade Commission, Meet Buckman
Bexis vividly remembers how he first learned of 21 U.S.C. ง337(a).
United States
13 Jun 2019
15
W.D. Va. Rejects Fraudulent Joinder And Fraudulent Misjoinder Arguments; Remands Case
There are more bad fraudulent joinder decisions than good ones out there, and we typically do not like publicizing the other side's wins.
United States
29 May 2019
16
Yes, Virginia (Utah, Actually), There Is ง510(k) Medical Device Preemption
We've explained at length why Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), is an anachronism with respect to preemption, given the complete overhaul that Congress gave to ง510(k).
United States
28 May 2019
17
Farewell And Adieu
Today's case in a nutshell is the dismissal on forum non conveniens grounds of a claim brought in the United States by a woman from a Spain.
United States
22 May 2019
18
Washington Blocks Attempt To Dodge Generic Preemption Rules
This blogger is just returned from Ireland where we toured castles and abbeys, drove through amazing landscapes on tiny roads with hairpin turns (can't say enough about Connemara except that everyone should go)
United States
17 May 2019
19
Florida Court Transfers Hip Implant Case To A New Jersey Court That May Also Lack Personal Jurisdiction
Margulis v. Stryker Corp., 2019 US Dist LEXIS 68555 (S.D. Fla. Apr. 23, 2019), is another case in which the plaintiffs filed a product liability claim
United States
16 May 2019
20
The FTC "Intravenes:" Final Consent Order Approved Against iV Cocktails
Last month, the Federal Trade Commission ("FTC") approved a final consent order settling deceptive advertising charges against A&O Enterprises, Inc.,
United States
15 May 2019
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