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Results: 1-10 of 198

CAFA - not with standing?

  • Dechert LLP
  • -
  • USA
  • -
  • February 9 2012

We were just reading an interesting, relatively new, decision from our home Circuit, Reilly v. Ceridian Corp., 664 F.3d 38 (3d Cir. 2011), and our reaction to it wasn’t quite what most readers would expect

Guest post - never odd or even, just preempted

  • Dechert LLP
  • -
  • USA
  • -
  • January 31 2012

Oh wait a minute

Depositions - when can you talk to your own witness?

  • Dechert LLP
  • -
  • USA
  • -
  • February 10 2011

We had the issue of when a lawyer can, and can't, confer with hisher own witness during a deposition come up recently in one of our cases

Pharmacists and the learned intermediary rule

  • Dechert LLP
  • -
  • USA
  • -
  • February 24 2011

As our readers certainly know, the learned intermediary rule holds that prescription medical product warnings are to be directed to prescribing physicians rather than to end user patients

Montana takes a flexible approach to the heeding presumption

  • Dechert LLP
  • -
  • USA
  • -
  • August 16 2011

We previously discussed the Montana Supreme Court case of Riley v. American Honda Motor Co., 856 P.2d 196 (Mont. 1993) and touted it as one of the best rejections of the heeding presumption we’ve seen rejecting all of the most often advanced arguments in favor of the heeding presumption

Imported Chinese litigation returned to sender

  • Dechert LLP
  • -
  • USA
  • -
  • September 8 2011

We thank Eamon Joyce at Sidley for alerting us to an interesting forum non conveniens decision out of the Fourth Circuit: Tang v. Syntura International, Inc., No. 10-1487, slip op. (4th Cir. Sept. 6, 2011

E-discovery for defendant's cheat sheet

  • Dechert LLP
  • -
  • USA
  • -
  • November 22 2011

After getting the latest favorable Facebook discovery decision in Largent v. Reed, and seeing that Largent cited to a recent New York case that we didn’t know about, we’ve come to the (probably belated) conclusion that the fast-developing area of e-discovery for defendants with respect to social media maintained by plaintiffs is worthy of a cheat sheet to keep up with the cases as they’ve come down

Dear doctor letters as the next warning frontier Kapps vs. Winter

  • Dechert LLP
  • -
  • USA
  • -
  • October 28 2011

Under the learned intermediary rule, for a warning claim to succeed, at a bare minimum the prescribing (or sometimes another) doctor at least has to read the allegedly defective warning

Breaking news Washington state and the learned intermediary rule

  • Dechert LLP
  • -
  • USA
  • -
  • September 10 2013

This just in, courtesy of Bruce Hamlin of Martin Bischoff, an intermediate appellate court in Washington State has rejected an attempt by plaintiffs

Oklahoma Supreme Court OKs federal takeover of state tort law

  • Dechert LLP
  • -
  • USA
  • -
  • March 21 2013

We were planning to write about the Bartlett oral argument today (we still might) when we learned about Howard v. Zimmer, Inc., ___ P.3d ___, 2013 WL