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Results: 1-10 of 793

More Mensing, more Mensa
  • Reed Smith LLP
  • USA
  • August 29 2012

This makes two Wednesdays in a row where we have the pleasure of discussing courts that applied Mensing in a clear-headed manner


Post-Bartlett, post-Mensing, Tenth Circuit correct on all counts
  • Reed Smith LLP
  • USA
  • September 6 2013

We have written many times on generic drug cases (here and here) and plaintiffs' attempts to pin liability where none exists. You might think you


Making the desert bloom
  • Reed Smith LLP
  • USA
  • February 28 2013

We've followed, albeit fitfully, the saga of the learned intermediary rule in New Mexico. Our first post on the subject protested an adventurous (and


Revisiting publisher (non)liability
  • Reed Smith LLP
  • USA
  • July 18 2013

We were perusing the recent GAO report on electronic drug labeling in our spare time (we're weird like that). We found a number of interesting points


Blond bleached again
  • Reed Smith LLP
  • USA
  • July 19 2013

We can chalk it up to advancing age, but we find that we repeat ourselves more often as we get older and more redundant. This dynamic is surely


Seventh Circuit holds that voluntary product refund programs can defeat class certification on adequacy grounds under Rule 23(a)(4)
  • Reed Smith LLP
  • USA
  • January 23 2012

Previously, we advised of a federal district court decision that endorsed a creative option for defeating class certificationthe defendant’s implementation of a product refund and replacement program providing a comparable remedy to what the putative class might recover in court


FDA guidance on product name placement in advertising and promotional labeling
  • Reed Smith LLP
  • USA
  • January 25 2012

The FDA released a guidance document entitled ‘‘Product Name Placement, Size, and Prominence in Advertising and Promotional Labeling’’ on January 25, 2012


What goes on in Philadelphia . . .
  • Reed Smith LLP
  • USA
  • February 7 2014

We have reported before on defendants' efforts to remove cases from the Philadelphia County Court of Common Pleas to federal court. We don't spend a


Buckman preempts adverse event fishing expedition
  • Reed Smith LLP
  • USA
  • October 9 2014

We've always been of the opinion that the rationale for preemption in Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), concerning: (1


Don't shoot the piano player
  • Reed Smith LLP
  • USA
  • September 3 2014

It's an old time Western movie cliché: after a shoot-out commences in a saloon, the piano-player meekly holds up his hands and pleads, "Don't