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A not so bad blast from the past

Reed Smith LLP
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USA
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May 17 2013

We saw the news yesterday about DePuy discontinuing two of their lines of hip implants, which have been involved in some litigation. While we are

Big sky beat down

Reed Smith LLP
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USA
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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

Another preemption win for branded and generic manufacturers

Reed Smith LLP
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USA
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April 29 2013

The Iowa Court of Appeals has affirmed summary judgment entered in favor of both branded and generic manufacturers of metoclopramide, looking at

MDL precedent rescue - big list

Reed Smith LLP
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USA
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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

Get it in writing

Reed Smith LLP
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USA
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April 22 2013

It seems like a rather basic 1-L contract law proposition, but it bears repeating. If you want a particular term in your contract, get it in writing

Respecting FDA's (inherent) authority

Reed Smith LLP
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USA
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April 18 2013

In our day job, we generally rely on final decisions of FDA about things like drug approvals, device clearances, and rules and guidances. We also

Interesting FDA administrative law holding

Reed Smith LLP
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USA
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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

Off-label use does not violate California experimentation statute

Reed Smith LLP
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USA
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March 25 2013

and the claims are preempted to boot! This just in: The Ninth Circuit has ruled that off-label use is not medical experimentation under a

A monster defanged

Reed Smith LLP
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USA
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March 14 2013

We’ve been aware of a monstrous miscarriage of justice (in our opinion, of course) in Polett v. Zimmer for quite some time. The “monstrous” aspect was

Sixth Circuit allows "failure to update" claims

Reed Smith LLP
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USA
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March 13 2013

It's only a small piece of what product liability claims are all about, but the Sixth Circuit in Fulgenzi v. PLIVA, Inc., No. 12-3504, slip op. (6th

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