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Results: 1-10 of 175

The scope of HIPAA preemption in Florida: more questions than answers

  • Reed Smith LLP
  • -
  • USA
  • -
  • May 1 2013

On April 9, 2013, the Eleventh Circuit held that HIPAA preempts a Florida statute that requires nursing homes to release medical records of deceased

Big sky beat down

  • Reed Smith LLP
  • -
  • USA
  • -
  • May 9 2013

We read rulings under the Federal Tort Claim Act about as often as we read bench trial rulings or rulings from the District of Montana. Or rulings

Breaking news - opinion reversing $6.5 million Actos verdict

  • Reed Smith LLP
  • -
  • USA
  • -
  • May 2 2013

We saw this morning that the boxcar California verdict that was being ballyhooed the last couple of days was reversed by the trial judge granting a

New plaintiff argument against generic drug preemption rejected

  • Reed Smith LLP
  • -
  • USA
  • -
  • May 2 2013

And it's from Pennsylvania. Judge Stanton Wettick, from Allegheny County (who is certainly in the running for most respected CP judge in the

Loose lips sink... providers?

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 30 2013

Can a medical corporation be directly liable under New York law for breaching its common law fiduciary duty of confidentiality when a non-physician

More on CAFA and cognizable injury

  • Reed Smith LLP
  • -
  • USA
  • -
  • May 3 2013

We like CAFA - that is the Class Action Fairness Act - because a federal forum is generally much preferred (and becoming moreso after Dukes and

A PMA device and a sales representative in the operating room - the breadth of Riegel preemption

  • Reed Smith LLP
  • -
  • USA
  • -
  • July 30 2008

A recent Virginia federal court decision demonstrates the powerful effect of the Riegel v. Medtronic precedent in product liability cases where PMA devices are subject to claims-sounding in negligence or breach of duty related to the design, manufacturing, and labeling of the device

Restricting cross-jurisdictional class action tolling - backwards

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 6 2012

Anybody who follows this blog at all closely knows that we hate cross-jurisdictional class action tolling

Interesting FDA administrative law holding

  • Reed Smith LLP
  • -
  • USA
  • -
  • March 29 2013

Every now and then, an administrative law decision - usually involving the FDA - contains something that's useful to our product liability defense

MDL precedent rescue - big list

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 25 2013

Several of us (the Reed Smith side, obviously) recently attended the firm partners' retreat. All our brainstorming about how to improve client