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Results: 1-10 of 421

Far from dumbo: M.D. Fla. gets "parallel claim" case right

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 19 2014

This is the time of year when our thoughts start migrating southward. We can see all those birds' nests in our suddenly denuded poplar trees. The

Short subjects

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 18 2014

Today's post is really three different posts on three unrelated subjects. None of them very long (at least by DDLaw Blog standards), but we think

Guest post - When it comes to fraudulent joinder in Texas, let’s hail the glory daze and just keep winning

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 17 2014

When it comes to Texas, one might never know based on its jurisprudence that the state motto, and indeed the state's moniker, is derived from "Tejas

Express preemption OTC

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

There is no express federal preemption for drugs, right? Wrong! Today we expound on a flavor of preemption that we don't often get around to express

Statistics not necessary for adequacy as a matter of law

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 13 2014

Courtesy of Mike Imbroscio of Covington (who was on the winning team) today's post is about a very satisfying Cymbalta win - not only did warning

Hard cheese: D. Vermont avoidsdilutes learned intermediary rule

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 12 2014

A week or so ago Grantland tv critic Andy Greenwald penned a "can we talk" letter to Sunday night, asking how it managed to fall so far from

When magic words are not

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

One or more of its variants appears in the vast majority of expert reports and transcripts for expert testimony on medical causation: "reasonable

Who heeds the heeding presumption?

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

We've made no secret of our distaste for the so called "heeding presumption" - that juries may presume that any alternative "adequate" warning would

A learned intermediary comeback in West Virginia

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

Perhaps no case in the 8 year history of the blog (well, maybe Wyeth v. Levine, 555 U.S. 555 (2009)), invoked greater ire from us than the atrocity

D. Vermont Daubert rulings: some are gouda; some are so grating we camembert them

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

If all Vermont had given us was fantastic cheese and Ben & Jerry's ice cream, that would have been plenty. But the 14th state has also given us some