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Defendant Did Not “Fail to Warn” Where It Warned of Exactly What Happened to the Plaintiff’s Artificial Hip
  • Reed Smith LLP
  • USA
  • September 22 2016

We (in its blog-specific singular version) are longstanding country music fans. There is backstory - call us when you are in Philadelphia and we will


Off-Label Promotion And The First Amendment Updates
  • Reed Smith LLP
  • USA
  • September 22 2016

Although activity around the Amarin and Pacira cases has settled down, questions regarding the FDA’s position on truthful off-label promotion-and


Wisconsin Preemption Ruling Makes Our Cheese Curdle
  • Reed Smith LLP
  • USA
  • September 20 2016

A federal judge in Wisconsin issued an order a few weeks ago that covers two topics on which we often writenegligence per se and implied preemption


Causation Issues in Failure-To-Report Cases - Post-Stengel Precedent
  • Reed Smith LLP
  • USA
  • September 19 2016

As we blogged at the time, we believe that the Ninth Circuit made a historic error in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en


With No General Causation Experts, Denture Cream Plaintiffs Drop Like Leaves In Autumn
  • Reed Smith LLP
  • USA
  • September 15 2016

At last, friends, it's that time of year again. Time to dust off the sweater vest, memorize your favorite college football team's schedule (Go Blue


Has the Ninth Circuit Criminalized Malpractice, Adulteration, and Off-Label Use?
  • Reed Smith LLP
  • USA
  • September 14 2016

Tell us that that the feds prosecuted a doctor for using a medical device off-label, and the hairs on the back of our neck start to rise and do the


Chantix: A Lesson in Why Litigation Should Not Be Allowed to Get Ahead of Science
  • Reed Smith LLP
  • USA
  • September 8 2016

We here at the DDL Blog try to stay on top of the goings on at the FDA. We’ve learned that on September 14, 2016, the FDA will hold an advisory


Alabama Supreme Court Imposes Tough Standard on Safer Alternative Design
  • Reed Smith LLP
  • USA
  • August 31 2016

As the calendar turns from August to September, it is time once again to concede the strength of the Southeastern Conference. You probably think we


The Demise of the Presumption Against Preemption in Express Preemption Cases
  • Reed Smith LLP
  • USA
  • August 29 2016

We’ve always been bothered by the presumption against preemption - so much that this blog’s first major substantive post was on that subject. Even


California High Court Expands “Specific” Personal Jurisdiction To Recreate Exorbitant” Personal Jurisdiction Rejected by Daimler v. Bauman
  • Reed Smith LLP
  • USA
  • August 29 2016

It’s been two years since the First District California Court of Appeals issued its ill-founded decision in Bristol-Myers Squibb Co. v. Superior Court