Searching Content indexed under Trials & Appeals & Compensation by Reed Smith ordered by Published Date Descending.
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Following More Than Just Money
In our How Not To Create an "Exception" to the Learned Intermediary Rule post two years ago, we criticized a couple of Texas trial court cases for attempting to create a company ...
United States
22 Oct 2019
Pharmacists In Maryland Owe No Duty Of Informed Consent
Today is John Winston Lennon's birthday. He would have turned 79 on this date but for a truly crazed assassin. Imagine stalking someone because of Catcher in the Rye!
United States
21 Oct 2019
Stupid Expert Fees
This post is a follow-up of sorts to our "Stupid Expert Tricks" post. That post dealt with dodgy games that our opponents' experts play.
United States
17 Oct 2019
PMA Preemption Win That Checks All The Boxes
Did you ever read something and think – I couldn't have said it better myself. Sometimes we read opinions that give us just that feeling.
United States
14 Oct 2019
hiQ Labs, Inc. v. Linkedin Corp.: Ninth Circuit Rules Privacy Concerns Insufficient To Exclude Data Analytics Rival From Social Media Platform
Ninth Circuit declares that selectively banning potential competitors from accessing and using public data "may well be considered unfair competition under California law."
United States
14 Oct 2019
Guest Post – Summary Judgment For Defendant On All Counts In Absence Of A Product Defect
Today's guest post is by Reed Smith‘s Jenn Eppensteiner. In it she discusses a recurring theme on the Blog – claimed product "defects" arising from nothing more than the failure of an implanted ...
United States
11 Oct 2019
ND Illinois Knocks Out Helmet Concussion Class Actions
The defense has done a good job of preventing class certification of drug and device mass torts. Individual issues of usage, causation, reliance, injury, etc. predominate over alleged common issues.
United States
10 Oct 2019
Stupid Expert Tricks
Recently, Bexis was contacted by a reporter who had read the blog's post on ghostwriting. Bexis explained that people at the top of any profession
United States
8 Oct 2019
"Fully Informing" The FDA
One of the more peculiar things about Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019) ("Albrecht"), ...
United States
3 Oct 2019
SEC Files ICO-Related Enforcement Action Against ICOBox
In Securities and Exchange Commission v. ICOBox et al,[1] the Securities and Exchange Commission ("SEC") alleges that defendant ICOBox and its founder
United States
1 Oct 2019
National Advertising Not Enough For General Jurisdiction
You can buy almost anything you want on line – and a whole lot of stuff you didn't know you wanted until you saw it online.
United States
30 Sep 2019
Plaintiff's Pyrrhic Pradaxa "Victory"
Various plaintiff-side consortia have taken it into their heads to sue every manufacturer of so-called "novel oral anticoagulants"
United States
26 Sep 2019
Don't Forget About OTC Express Preemption
Did you remember that there can be express preemption for over-the-counter drugs? We sometimes forget too, ...
United States
25 Sep 2019
Bair Hugger MDL Defendants Prevail On Daubert And Summary Judgment
Summer can be a good time to catch up on tv shows we missed the first time around (e.g., Dead to Me, Luther series 5, and Catch-22).
United States
24 Sep 2019
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
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