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Results: 1-10 of 403

A juicy little decision

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2014

On this unseasonably warm day where we are, as we lament the passage of another summer and the demise of its bounty of strawberries, blackberries

Breaking news branded design defect preemption

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2014

From the time that the Supreme Court handed down its decision in Mutual Pharmaceutical Co. v. Bartlett, 133 S.Ct. 2466 (2013), we have been declaring

No, HIPAA does not preempt informal treater interviews

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 14 2014

For over seven years, we've been following the odd little romance that the other side of the "v." has been having with purported federal preemption

Another guest post on Rostholder FCA developments

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

Back in February, we hosted a guest post about United States ex rel. Rostholder v. Omnicare, Inc., 745 F.3d 694 (4th Cir. 2014), an extremely

Local drug disposal tax should go down the drain

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

The Ninth Circuit's opinion in PhRMA v. County of Alameda, No. 13-16833, 2014 WL 4814407 (9th Cir. Sept. 30, 2014), is a triumph of petty local

Buckman preempts adverse event fishing expedition

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 9 2014

We've always been of the opinion that the rationale for preemption in Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), concerning: (1

Of phantom damages, collateral sources, and windfalls

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 9 2014

We don't discuss damages much, except to fulminate about punitive damages. Why is that? We're not entirely sure, but to some extent not discussing

S.D. Illinois dismisses some Mirena claims and allows others to linger

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 8 2014

October 8 is a fine day to reflect on American heroism. Eddie Rickenbacker was born on October 8, 1890. He became America's ace fighter-pilot in

U.S. Supreme Court upholds Fourth Circuit victory for Omnicare, Inc. in high-profile, precedent-setting False Claims Act case

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 7 2014

On October 6, 2014, the U.S. Supreme Court denied review of a groundbreaking Fourth Circuit decision affirming the dismissal of a novel False Claims

Another preemption thought

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 6 2014

We just read with interest the recent DC Court of Appeals decision in Ivy Sports Medicine, LLC v. Burwell, ___ F.3d ___, 2014 WL 4801283 (D.C. Cir