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Smoke Screens & Side Shows
  • Reed Smith LLP
  • USA
  • April 24 2017

We confess, we can't think of any good reason for admitting evidence concerning product risks that the plaintiff in a particular case never actually


EDLA Rejects Preemption of Drug Design Defect Claim
  • Reed Smith LLP
  • USA
  • April 20 2017

Just yesterday we made the following observation: a design defect claim is often a make-weight claim. How should the design have been improved? Not


WDNY Holds that Tysabri Warnings are Adequate as Matter of Law and that Product Liability Claims are Preempted
  • Reed Smith LLP
  • USA
  • April 19 2017

However a drugdevice product liability is styled, it will almost always be focused on a claim of failure to warn. Why do plaintiffs insist on


Guest Post - Eighth Circuit FINALLY Hears Litigation Tourism Issue
  • Reed Smith LLP
  • USA
  • April 18 2017

Today’s guest post is from friend-of-the-blog Sarah Bunce, a partner at Tucker Ellis. It’s about the 8th Circuit finally having before it aspects of


Vast - Or at Least Half-Vast - Conspiracy Claim Dismissed
  • Reed Smith LLP
  • USA
  • April 17 2017

Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA


Another One Bites the Dust: Plaintiff’s Causation Expert Excluded in Hernia Mesh Litigation
  • Reed Smith LLP
  • USA
  • April 14 2017

We spent Sunday evening in the familiar confines of a top-notch local professional theatre. The production was a short (80-minute), two-character


When Precedents Collide
  • Reed Smith LLP
  • USA
  • April 12 2017

We read Michelle Yeary’s recent post about In re Fosamax Products Liability Litigation, ___ F.3d ___, 2017 WL 1075047 (3d Cir. March 22, 2017), with


Guest Post - Come Together: Is UK Product Liability Law Getting More Like the U.S.?
  • Reed Smith LLP
  • European Union, United Kingdom
  • April 11 2017

This guest post - only our second post ever on European issues is brought to you by Reed Smith partners Marilyn Moberg and (in the UK) associate Bond


Plaintiffs’ Causation Expert Renounces His Own Conclusions - and Withdraws - in Mirena IIH Litigation
  • Reed Smith LLP
  • USA
  • April 10 2017

We have blogged before about the Mirena IUD litigation. Cases alleging injuries from device migration and uterine perforation were centralized in an


Non-Existent Duty to Warn of Mensing Not Enough to Get Around Mensing Preemption
  • Reed Smith LLP
  • USA
  • April 6 2017

Earlier this week, we discussed how the presentation of the federal question of express preemption from the face of a complaint can lead to removal