Searching Content by James Beck ordered by Published Date Descending.
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So-Called "Death Panel" Affirmance Explores Off-Label Use Boundary
Although they have nothing to do with the Affordable Care Act, health-care-related so-called "death panels" do exist.
United States
18 Sep 2018
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
United States
9 Sep 2018
Breaking News – Third Circuit Green Lights Pre-Service Removal
On August 17, 2018, we observed in our latest comprehensive post on pre-service removal, that "[w]ith Court of Appeals decisions now breaking in our favor
United States
5 Sep 2018
First Circuit Eye Drop Decision Gets Preemption Right
We confess – when we first considered the spate of eye drop class actions a few years ago, we had trouble taking them seriously.
United States
4 Sep 2018
Taking Out The Laundry With TwIqbal
POSTED IN PLEADING, PREEMPTION In medical device product liability cases to which preemption by reason of FDA pre-market approval ("PMA") applies, courts have consistently misinterpreted
United States
29 Aug 2018
Back To The Well With Pre-Service Removal
It's been a while since we've discussed pre-service removal, other than to mention a recent case. Our last major post was "What's up with Removal Before Service," back in May 2011.
United States
24 Aug 2018
Bye-Bye Cy (Pres)
Nothing emphasizes the impermanence of just about everything as Hawaii – where Bexis is right now on vacation.
United States
17 Aug 2018
In A Twiqbal State Of Mind
Every now and then, the Reed Smith powers that be make seats in the firm's skybox at the Phillies' (first place – who woulda thunk?) stadium available to folks like us.
United States
10 Aug 2018
Breaking News – New Jersey Adopts More Scientifically Valid Expert Evidence Standards
Today, in In re Accutane Litigation, No. A-25-17, slip op. (N.J. Aug. 1, 2018), the New Jersey Supreme Court unanimously upgraded the state's standards for admission of expert testimony.
United States
7 Aug 2018
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
Bristol Myers & Multi-State Class Actions – A Reply
The other day Law 360 published a piece, "Bristol-Myers Unlikely To Shake Up Class Action Landscape," which opined that, "in the end, the effect of Bristol-Myers on the national class action
United States
2 Aug 2018
Feds Make Ominous First Amendment Waiver Argument
We've complained before about the federal government's monetization of First Amendment violations in the context of truthful promotion of off-label uses:
United States
27 Jul 2018
Pennsylvania – Going Off The Jurisdictional Deep End?
We've already unloaded on Hammons v. Ethicon, Inc., ___ A.3d ___, 2018 WL 3030754, where the court made a virtually unprecedented holding that a defendant challenging personal jurisdiction on Due Process grounds...
United States
26 Jul 2018
Kavanaugh On Preemption
When Justice Gorsuch was first nominated for the Supreme Court, we took a look at his preemption decisions and were favorably impressed.
United States
23 Jul 2018
Guest Post – Innovator Liability Flunks The Dormant Commerce Clause
Here's another guest post on the Dormant Commerce Clause by our guest guru on that subject, Dick Dean over at Tucker Ellis. He reports on another possible use for the Dormant Commerce Clause...
United States
20 Jul 2018
Guest Post – Statutes Of Repose: A 50 State Overview Of This Powerful Defense That Every Defense Counsel Should Understand – Learn The Lessons Of Purple Haze
What follows is a rather involved guest post by Reed Smith‘s Kevin Hara. Actually, Kevin has contributed enough to the Blog over the last couple of years that he's more of a crypto-blogger than a guest.
United States
19 Jul 2018
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
Online Pharmaceuticals – Not Much Online Liability
The plaintiff almost always loses.
United States
12 Jul 2018
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