12/07/2013 07:00:00 AM
12/06/2013 11:19:00 AM
12/06/2013 07:00:00 AM
We mentioned some time ago that the removal statute relating to diversity of citizenship, 21 U.S.C. §1446, had been amended to add a bad faith exception to what previously had been a flat one-year ban on the removal of any action filed in sta
12/05/2013 07:00:00 AM
The recent Thanksgiving weekend and the hearty meals that exemplify that great American holiday give us a segue to a post on food.
12/04/2013 06:30:00 AM
12/03/2013 09:53:00 AM
This post is not from the Dechert side of the blog, since they are involved in Reglan litigation.Last evening, just before quitting time on the East Coast, we found the Sixth Circuits affirmance of the Rule 12 dismissal (that means no expensive di
12/02/2013 17:11:00 PM
It's late and we want to go home, but we just learned that the "one-two punch" dismissal of the plaintiffs' claims in Strayhorn v. Wyeth (that is, generic preemption plus no innovator liability in a generic case) has been affirmed by the Sixth Circui
12/02/2013 15:27:00 PM
With Thanksgiving over, we move from the relatives to Relators.
11/29/2013 13:00:00 PM
The ABA Journal has once again
11/29/2013 05:43:00 AM
11/28/2013 07:00:00 AM
Happy thanksgiving to all.
11/27/2013 06:30:00 AM
11/26/2013 13:56:00 PM
This post is from the non-Reed Smith side of the blog only.This year has seen many decisions in the InFuse litigation and weve tried to highlight the key rulings.
11/25/2013 14:24:00 PM
The Eight Circuit issued an opinion last week that highlighted again how product liability complaints with multiple plaintiffs can be susceptible to removal to federal court under CAFA (the Class Action Fairness Act of 2005), particularly if the tota
11/22/2013 08:38:00 AM
You may already know this, but we had to comment on the Supreme Court's November 15
11/21/2013 14:13:00 PM
Our post last week on the three-ringed FCA circus in U.S. v. King Vassel, got us thinking about another way that misguided plaintiffs try to criminalize off-label use.
11/20/2013 06:30:00 AM
Tell your Mama, tell your Pa/Im gonna send you back to Arkansas.
11/19/2013 14:02:00 PM
11/15/2013 13:34:00 PM
Weve already blogged twice about the patently meritless U.S. ex rel. Watson v. King-Vassel False Claims Act case. In the first post, we pointed out that the apparent premise of King-Vassel lawsuit appeared to be that all prescriptions of drugs fo
11/14/2013 08:41:00 AM
Last Friday, we provided our readers with a
11/13/2013 15:13:00 PM
California and Mississippi have little in common, but they both apply the learned intermediary doctrine in prescription drug cases.
11/12/2013 15:40:00 PM
11/11/2013 14:46:00 PM
Heres a preemption case that well likely have an opportunity continue to follow.
11/08/2013 13:36:00 PM
We haven't done anything more than skim it, but we thought our readers would like to know that the FDA released its long-awaited proposal to allow generic drugmakers to use the CBE process to change their labels today - as it common, on a Friday afte
11/08/2013 07:00:00 AM
We were walking through San Franciscos Chinatown the other day, and above an otherwise nondescript storefront we saw a sign that said Fortune Teller.
11/07/2013 09:18:00 AM
Potentially the most important Pennsylvania product liability case in a generation was argued before the Pennsylvania Supreme Court on October 15, 2013.
11/06/2013 06:30:00 AM
Have you ever been sitting in a courtroom and wondered why you were there?
11/05/2013 11:27:00 AM
11/04/2013 11:07:00 AM
About a year ago, we discussed precedent establishing that off-label use can be, and often is, the medical standard of care.
11/01/2013 07:00:00 AM
10/31/2013 07:00:00 AM
This post is from the Reed Smith (and now we should add Cozen) side of the blog only, as Dechert is involved in the litigation to be discussed. Youll have to forgive us were weird that way but we found the opinion in Carter v. APP Phar
10/30/2013 06:30:00 AM
Almost exactly a year ago we did our Halloween post, Qui Tam Off-label Trick or Treat, on a creepy qui tam case brought by one doctor against another for prescribing a drug off label.
10/29/2013 09:27:00 AM
Regular readers will recall our post, "Three Dumb Legal Theories Walk into a Bar,"
10/28/2013 16:35:00 PM
Do you recall last week when one of the smartest posters we have on this blog set out an impressive list of criteria to be used for selecting bloggable opinions: 1) the case must be useful or otherwise important for practitioners to understand;
10/25/2013 13:31:00 PM
10/24/2013 14:43:00 PM
We have removed more cases to federal court than we can count, and we have argued that local and/or non-diverse defendants have been fraudulently joined until we are blue in the face. We have never fully understood why many plaintiffs obsessively av
10/23/2013 06:30:00 AM
What is the best way to describe a collection of cases?
10/22/2013 13:54:00 PM
We posted recently and enthusiastically ? about the proposed changes to the federal rules governing discovery:
10/21/2013 15:57:00 PM
The plaintiff in In re Avandia Marketing, Sales Practices and Prods. Liability Litig., 2013 U.S. Dist. LEXIS 148641 (E.D. Pa. Oct. 15, 2013), was suing over the drug Avandia.
10/18/2013 09:06:00 AM
We always keep our eyes open while researching.
10/18/2013 07:00:00 AM
10/17/2013 07:00:00 AM
For some reason, we recently found ourselves comparing our favorite defenses to our favorite rock bands.
10/16/2013 06:30:00 AM
Most of the time we do not linger on cases that turn on the statute of limitations.
10/15/2013 13:26:00 PM
This post is from the non-Reed Smith side of the blog only.A few weeks ago we brought you up to speed on the goings on around the country in the Infuse litigation.
10/14/2013 12:22:00 PM
Theres been a lot of movement amongst the bloggers on this site over the last two years.
10/11/2013 15:36:00 PM
10/09/2013 06:30:00 AM
Over the years, more than a few colleagues have told us that the Godfather movies contain every bit of wisdom needed to conduct business or practice law.
10/08/2013 08:30:00 AM
We think most litigators would agree that doing legal research is sometimes like following Hansel and Gretels trail of bread crumbs.
10/07/2013 13:01:00 PM
A couple of quick hits today, on once novel causes of action whose time at least in the novel legal spaces to which plaintiffs attempted to export them appears to have passed.The first of these is the shopworn effort, popular back in th
10/04/2013 09:15:00 AM
Reading the recent order in Morritt v. Stryker Corp., 1:07-cv-02319, 2013 U.S. Dist. LEXIS 136843 (E.D.N.Y. Aug 12, 2013) (Report and Recommendation adopted Sept. 23, 2013), reminds us of walking down a long corridor with numerous open doors, each le
10/03/2013 11:17:00 AM
We hope at least some of our readers will recall the classic ad campaign where a tub of Parkay margarine would try to trick celebrities into thinking it was butter.
10/02/2013 06:30:00 AM
In the index to this blog, we list 39 posts about the Aredia-Zometa litigation.
10/01/2013 09:25:00 AM
The Philadelphia diaspora has begun.
09/30/2013 15:37:00 PM
Thompson v. Zimmer Inc., 2013 U.S. Dist. LEXIS 137391 (D. Minn. Sept. 25, 2013), is one of the good ones.
09/27/2013 11:32:00 AM
We came to you a few weeks ago on the topic of collateral estoppel.
09/26/2013 07:00:00 AM
Its not often like once every quarter century that the Advisory Committee on Civil Rules (the folks who decide when the Federal Rules of Civil Procedure need to be amended, and how) decide to take on Rule 26(a) (concerning scope of discove
09/25/2013 06:30:00 AM
09/24/2013 14:35:00 PM
09/23/2013 15:01:00 PM
We use the phrase so much, particularly on this blog, that you hardly notice.
09/20/2013 15:58:00 PM
09/20/2013 07:00:00 AM
Some of us are "map freaks."
09/19/2013 11:53:00 AM
The following post is exclusively the work of the Reed Smith side of the blog.Sometimes the smallest, least significant type of lawsuit can illustrate cracks in the edifice of the largest, most consequential litigation.
09/18/2013 06:30:00 AM
Many of our posts are inspired by attorneys who relay their latest wins to us.
09/17/2013 13:31:00 PM
09/13/2013 07:00:00 AM
Class actions are strange and dangerous things.
09/12/2013 16:00:00 PM
09/12/2013 09:37:00 AM
Anybody who has ever had the pleasure of listening (as we have) to Dean Erwin Chemerinsky
09/11/2013 06:48:00 AM
The Drug and Device Law Son is attending a college with a curriculum that is both catholic and Catholic. Thus, in addition to his courses in Business Dynamics, Calculus, and Russian, he is required to take a course in Religion. His first assignment w
09/10/2013 09:37:00 AM
This just in, courtesy of Bruce Hamlin of Martin Bischoff, an intermediate appellate court in Washington State has rejected an attempt by plaintiffs to expand the duty to warn under the learned intermediary rule from the current adequately warn a
09/09/2013 14:29:00 PM
We have another case in which a plaintiff claimed that a pharmaceutical company is under a duty to supply its drug.
09/06/2013 10:10:00 AM
We have written many times on generic drug cases (here and here) and plaintiffs attempts to pin liability where none exists. You might think you have read enough on how innovator manufacturers should not and cannot be liable for injuries allegedl
09/05/2013 14:24:00 PM
Our recent post on the outcome of the plaintiffs in limine motions in the Guenther Aredia/Zometa case prompted a volcanic retort from one of the plaintiffs counsel (who will remain anonymous) that all was not beer and skittles (yech
09/04/2013 06:30:00 AM
One hundred twelve years ago this Friday poor President McKinley was assassinated in Buffalo by an anarchist wannabe.
09/03/2013 14:46:00 PM
08/31/2013 07:08:00 AM
08/30/2013 14:05:00 PM
Perhaps you've seen the video of trees disappearing into a Louisiana bayou sinkhole.
08/30/2013 07:00:00 AM
A favorite tactic of plaintiffs lawyers is to join together dozens of completely unrelated plaintiffs into one complaint. We see it all the time. Counsel lump their clients together in mass complaints that contain general allegations regardin
08/29/2013 07:00:00 AM
Regular blog readers know that, for a long time, we've been proponents of what we call "ediscovery for defendants" - obtaining (primarily) useful admissions from a plaintiff's social media activity.
08/26/2013 12:41:00 PM
What had happened was . . . .
08/23/2013 10:02:00 AM
We like juries. Jurors give us their time and attention, sometimes for weeks or months at a time, and they receive little or nothing in terms of tangible benefit in return. The vast majority take the task seriously and give us their best on topics
08/22/2013 12:41:00 PM
08/21/2013 06:30:00 AM
Long ago we realized we were out of our depth when it came to video games.
08/20/2013 15:14:00 PM
08/19/2013 12:20:00 PM
The recent decision in In re Fosamax Products Liability Litigation, 2013 WL 4306434 (S.D.N.Y. Aug. 15, 2013), put it squarely in the red in explaining why no type of design defect claims survive preemption in generic drug cases after Mutual Pharmaceu
08/16/2013 13:10:00 PM
There are several reasons we recommend taking a look at last weeks decision in Ball v. Takeda Pharmaceuticals America, Inc., 2013 WL 4040395 (E.D. Va. Aug. 8, 2013).
08/15/2013 08:55:00 AM
08/14/2013 15:01:00 PM
Weve already provided our readers with our list of the testimony (trial and deposition) of the seemingly ubiquitous plaintiffs expert Dr. Suzanne Parisian, although we admit that our readers have not been very conscientious in updating us with
08/12/2013 13:38:00 PM
Years of throwing batting practice to Little League and Babe Ruth teams has revealed two things: (1) the only meaningful physical characteristic that we on the blog have in common with major-league pitchers is the presence of a rotator cuff that can
08/09/2013 09:57:00 AM
08/08/2013 07:00:00 AM
A ReedSmith team, including our own Eric Alexander, recently won a nifty little summary judgment decision, Schmidt v. C.R. Bard, Inc., 2013 WL 3802804 (D. Nev. July 22, 2013).
08/07/2013 07:00:00 AM
You all will recall the following hypothetical from law school:
08/06/2013 14:18:00 PM
08/02/2013 06:30:00 AM
Summer used to be the season of sun, fun, and nothing of consequence happening.
08/01/2013 15:42:00 PM
07/31/2013 10:18:00 AM
07/30/2013 16:01:00 PM
Because Dechert is involved in the Reglan/metoclopramide litigation, this post is from the Reed Smith side of the blog only. Back in the bad old days (only a couple of years ago), the Philadelphia Court of Common Pleas had the dubious distinction of
07/29/2013 16:54:00 PM
This post come from the Dechert side of the blog only.Discussing removal can be boring.
07/27/2013 07:00:00 AM
We would like to invite all blog readers to a call-in Roundtable forum being hosted by the Mass Tort Committee of ABAs Litigation Section (Bexis is the editor of the committees newsletter).
07/26/2013 10:31:00 AM
San Francisco has always been a great restaurant town, and if anything, the food and dining options have only gotten better over the last 20 years.
07/25/2013 07:00:00 AM
After Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (2013), and PLIVA v. Mensing, 131 S. Ct. 2567 (2011), one thing is perfectly clear impossibility preemption in the prescription drug context depends on whether (as in Wyeth v. Lev