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Results: 1-10 of 379

Later is not better than never

  • Reed Smith LLP
  • -
  • USA
  • -
  • September 10 2014

We do not devote a lot of space to statute of limitations cases. That is not because they are unimportant. To the contrary, statutes of limitations

Expert couldn’t carry the plaintiff’s water

  • Reed Smith LLP
  • -
  • USA
  • -
  • September 5 2014

Is a product defective because it did not perform as hoped? How about if it failed or even if it broke? Of course not, and this is doubly true for

Removal of discretion preemption

  • Reed Smith LLP
  • -
  • USA
  • -
  • September 4 2014

One of the big TwIqbal issues in PMA medical device preemption cases is whether plaintiffs can plead "parallel" claims based on allegations that

Don't shoot the piano player

  • Reed Smith LLP
  • -
  • USA
  • -
  • September 3 2014

It's an old time Western movie cliché: after a shoot-out commences in a saloon, the piano-player meekly holds up his hands and pleads, "Don't

Help with California’s learned intermediary doctrine . . . from West Virginia

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 29 2014

While we are often critical of federal courts that reach out to make new state law, today we commend a far-away judge for bringing California's

ECF: ignoring it means entire case fails

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 27 2014

Luddite. Technophobe. Fogey. Fossil. Geezer. We've been called all of those. We plead guilty. We prefer matches to lighters, manual transmission to

Another way of getting rid of unjust enrichment claims

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 25 2014

We've seen an increase in allegations of "unjust enrichment," particularly in strike suits seeking recovery of purely economic loss. A number of

Dreaming the impossible dream

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 22 2014

A short history of recent implied preemption "impossibility" decisions: (1) In Wyeth v. Levine, 555 U.S. 555 (2009), impossibility preemption did not

Hindsight is 2020, and yet still so blind

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 21 2014

Would you have bet on the Red SOX to win the 1986 World Series? Would you have booked passage on the Titanic? Would you have bought a ticket to see

A cause for celebration

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 20 2014

Happy birthday to Al Roker, who makes even a rainy day forecast seem jolly. Happy birthday to Amy Adams, who enchanted audiences in movies as diverse