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Results: 1-10 of 979

The elephant in the room in Alabama
  • Reed Smith LLP
  • USA
  • July 10 2015

Six months ago, we praised two Alabama federal court decisions for refraining from extending the poorly reasoned decisions in Weeksthat is, Wyeth


First Amarin Pharm v. FDA, now Pacira Pharm, Inc. v. FDA
  • Reed Smith LLP
  • USA
  • September 11 2015

The Southern District of New York certainly is becoming a hotbed for issues relating to the FDA’s ability to take enforcement action against


Ghostbusters - phantom “parallel claim” exorcized by generic drug preemption
  • Reed Smith LLP
  • USA
  • November 23 2015

With claims related to warnings, design, and recall all preempted, plaintiffs seeking to sue makers of generic drugs don't have many options. After


Central District of California discontinues much of Plaintiffs' experts' testimony in Cymbalta discontinuation symptoms case
  • Reed Smith LLP
  • USA
  • August 22 2015

"I'm not a doctor, but I play one on TV" - shorthand for "I am pretending to know what I'm talking about, but I really don't." We have blogged


J & J files cert petition in Massachusetts Supreme Court’s unsupportable rejection of preemption defense in Reckis TENChildren’s Motrin case
  • Reed Smith LLP
  • USA
  • November 20 2015

Back in April, we blogged about the Massachusetts Supreme Court's head-scratching rejection of defendants' preemption defense in Reckis v. Johnson &


Guest post - the sweet smell of preemption overcomes plaintiffs’ stinky consumer fraud claims
  • Reed Smith LLP
  • USA
  • September 16 2015

The ingenuity of our friends in the plaintiffs’ bar is never-ending and always fascinating, like Cyrano de Bergerac’s prodigious proboscis. For


Medical device cybersecurity: maybe Dick Cheney was not so paranoid after all
  • Reed Smith LLP
  • USA
  • September 4 2015

Dick Cheney famously disclosed a few years ago that he had the wireless function of his pacemaker disconnected while he was Vice President because he


Impossibility preemption for innovator drug manufacturers: where are we now?
  • Reed Smith LLP
  • USA
  • August 14 2015

As this blog has been explaining for a while, the rationale in Mensing that “the question for ‘impossibility’ is whether the private party could


More CAFA “mass action” gamesmanship in the Ninth Circuit
  • Reed Smith LLP
  • USA
  • August 14 2015

Permitted gamesmanship versus prohibited conduct. That is the dichotomy that one district judge adopted to describe the transparent forum


The FDA tiptoes and Congress splashes into the 21st century
  • Reed Smith LLP
  • USA
  • October 5 2015

Here are a couple of non-litigation related matters that we thought our readers need to know about. First, the FDA. We've pointed out before that the