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Results: 1-10 of 828

New Duty To Supply Decision
  • Reed Smith LLP
  • USA
  • May 27 2016

Ever since we first waded into the issue of "duty to supply" back in 2007 in connection with the litigation that produced Abigail Alliance for Better


First Circuit: Plaintiffs’ Specific Causation Expert Fails to Pass Muster in Benzene Case
  • Reed Smith LLP
  • USA
  • May 26 2016

Last week, we (along with many of you, we assume) attended the DRI Drug and Medical Device conference in Chicago. We re-connected with friends dating


Stick a Fork in It - FDA Anti-Generic Drug Preemption Proposal Postponed Until After the Presidential Election
  • Reed Smith LLP
  • USA
  • May 25 2016

On May 18, the FDA extended the comment period for its proposed generic drug labeling rule until April 2017 - that is, until after the next


Mass Appeal of Off Label Use
  • Reed Smith LLP
  • USA
  • May 18 2016

Hardly a week goes by without our blogging about accusations of off label promotion. This week is no exception. On Monday, we discussed a nice New


Guest Post Implied Certification: An Eradicated Pest or Here to Stay?
  • Reed Smith LLP
  • USA
  • May 17 2016

Today’s guest post is courtesy of Reed Smith’s Lindsey Harteis. She’s been following the big-deal UHS v. Escobar False Claims Act that the Supreme


Yet Another Failure-To-Update Claim Bites the Dust
  • Reed Smith LLP
  • USA
  • May 13 2016

In terms of the legal gyrations plaintiffs try to avoid preemption, we've already expressed our opinion that so-called "failure to update" claims take


Superior Court of Pennsylvania Denies Data Breach Class Certification
  • Reed Smith LLP
  • USA
  • May 12 2016

In an encouraging development for data breach defendants, the Superior Court of Pennsylvania recently affirmed a trial court decision rejecting class


Court Says Auf Wiedersehen To Plaintiffs Under Forum Non Conveniens
  • Reed Smith LLP
  • USA
  • May 5 2016

We generally file motions to dismiss for forum non conveniens under one of two circumstances. Most often we are resisting blatant forum


Some Case-by-Case Comment K Mixed with Some Insufficient Pleading of Fraud
  • Reed Smith LLP
  • USA
  • May 4 2016

In Hawaii, from whence today's case comes, tourists are encouraged to try poi, mashed up taro root, which looks like purple wallpaper paste and


Texas Federal Court Says Device Manufacturer is not a Health Care Provider, but also not a Seller
  • Reed Smith LLP
  • USA
  • May 3 2016

Sometimes it takes us a while to catch on to things. This is more than a little embarrassing for a Jersey guy to admit, but while many of our high