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Results: 1-10 of 753

No prescription for consumer protection
  • Reed Smith LLP
  • USA
  • June 25 2015

Allowing plaintiffs to pursue claims under consumer protection statutes in prescription medical product liability litigation is trying to pound a


Law review articles that caught our eye
  • Reed Smith LLP
  • USA
  • May 14 2015

Maybe our motto here at DDLaw should be "we read law review articles so you don't have to." Here are a couple of recent ones that looked interesting


“Age Defying” make-up case only partially defies preemption
  • Reed Smith LLP
  • USA
  • May 20 2015

Coco Chanel said that nature gives you your face at 20, but you earn your face at 50. Perhaps that is not so different from Mark Twain’s theory that


“Common” defense no bar to removal in preemption case
  • Reed Smith LLP
  • USA
  • April 8 2015

We're not law professors. We don't typically read opinions with an eye to where they fit (or don't) in some grand jurisprudential scheme. We're


Evening the score on off-label use information
  • Reed Smith LLP
  • USA
  • July 9 2015

Two stories in 360 yesterday - the timing was pure coincidence - have us thinking again about the FDA's muddled and increasingly untenable position


The revolution that wasn’t: New Jersey’s direct-to-consumer exception to the learned intermediary doctrine
  • Reed Smith LLP
  • USA
  • June 7 2015

The learned intermediary doctrine in which a manufacturer’s duty to warn runs to the physician, not to the patient is one of the most potent


Result-driven affirmance of birth defect verdict
  • Reed Smith LLP
  • USA
  • March 27 2015

We have said it before - birth defect cases are hard. Juries and judges are sympathetic where the individual whose health is at issue had no say in


Louisiana appellate court overturns improper application of “law of the case” doctrine
  • Reed Smith LLP
  • USA
  • June 24 2015

Today is the day when we will learn whether the Governor of Louisiana will enter the 2016 presidential race. That reminds us of Louisiana's rather


Alabama legislature abolishes Weeks innovator liability theory
  • Reed Smith LLP
  • USA
  • April 29 2015

That didn't take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the


Freehand line-drawing in affirmance of huge verdict in Children’s MotrinTEN case
  • Reed Smith LLP
  • USA
  • April 30 2015

A couple of days ago, we watched the lovely "St. Vincent." The film stars a spot-on Bill Murray as Vincent, an unemployed curmudgeon living alone in