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Alabama legislature abolishes Weeks innovator liability theory

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 29 2015

That didn't take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the

Still no duty to supply drugs - in 22 states

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 24 2015

Since the inception of the blog we've taken interest in "flip side" lawsuits in which a plaintiff sues one of our manufacturer clients making

Is the presumption against preemption dead?

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 24 2015

We've got the expression "the dog that didn't bark" stuck in our heads today, and it's not just from that phrase being used in the recent Caplinger

Maryland, my Maryland: Aldara case dismissed for multiple reasons

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 22 2015

Today's date is rich in literary history. It is the birthday of Vladimir Nabokov, one of two writers whose prose style makes us want to snap our

Low wattage reasoning

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 9 2015

We've already discussed the peculiar decision in Watts v. Medicis Pharmaceutical Corp., 342 P.3d 847 (Ariz App. 2015), once, here. This time, we

When you hear hoofbeats: GSK soundly defeats time-barred Thalidomide claims

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 6 2015

A couple of weeks ago, we saw a concert by the Fab Faux (we love that name), widely considered to be one of the best Beatles cover bands touring

Breaking news post-2002 NJ Accutane labels adequate as a matter of law

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 2 2015

This just in - after many years of litigation, the post April 10, 2002 warnings on Accutane were determined to be adequate as a matter of law by the

Illinois appellate court misapplication of Bartlett preemption: the monster case of the week

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 1 2015

It was big news that there will be a six hour return of The X-Files, a show that dazzled us from 1993 to 2002. The "myth-arc" episodes about an alien

Breaking news reinforcement for Buckman

  • Reed Smith LLP
  • -
  • USA
  • -
  • March 31 2015

We've been watching for Armstrong v. Exceptional Child Center, Inc., ___ U.S. ___, 2015 WL 14194231 (U.S. Mar. 31, 2015), ever since we spotted an

Brick by brick, the learned intermediary doctrine paves a West Virginia path

  • Reed Smith LLP
  • -
  • USA
  • -
  • March 27 2015

Back in November, we exulted over the pelvic mesh MDL judge's resurrection of West Virginia's learned intermediary doctrine. In Tyree v. Boston