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Comment k, some of the way
  • Dechert LLP
  • USA
  • April 28 2011

By now Restatement (Second) of Torts 402A (1965) is so old as to be thought of as somewhat antediluvian


Dear doctor letters as the next warning frontier Kapps vs. Winter
  • Dechert LLP
  • USA
  • October 28 2011

Under the learned intermediary rule, for a warning claim to succeed, at a bare minimum the prescribing (or sometimes another) doctor at least has to read the allegedly defective warning


Mirapex - Daubert inapplicable to toll statute of limitations
  • Dechert LLP
  • USA
  • July 28 2011

We don't generally cover statute of limitations-type issues (except for class action tolling) because they tend to be too state-specific and fact-bound to be of much general use


E-discovery for defendant's cheat sheet
  • Dechert LLP
  • USA
  • November 22 2011

After getting the latest favorable Facebook discovery decision in Largent v. Reed, and seeing that Largent cited to a recent New York case that we didn’t know about, we’ve come to the (probably belated) conclusion that the fast-developing area of e-discovery for defendants with respect to social media maintained by plaintiffs is worthy of a cheat sheet to keep up with the cases as they’ve come down


Prempro short term use Daubert decision - favorable
  • Dechert LLP
  • USA
  • January 21 2011

Here's an important decision that we can't say much about because we're involved up to our eyeballs in this litigation


E-discovery for defendants 2.0
  • Dechert LLP
  • USA
  • May 5 2011

More than three years ago, back in February, 2008 we put up a post about e-discovery for defendants


Imported Chinese litigation returned to sender
  • Dechert LLP
  • USA
  • September 8 2011

We thank Eamon Joyce at Sidley for alerting us to an interesting forum non conveniens decision out of the Fourth Circuit: Tang v. Syntura International, Inc., No. 10-1487, slip op. (4th Cir. Sept. 6, 2011


We dare defend established Alabama law
  • Dechert LLP
  • USA
  • April 21 2011

We have to admit that we're scratching out heads about a recent decision out of Alabama that - contrary to everything else we've seen - concluded that the manufacturer of a branded drug could be liable in a case where it never sold the generic product that was all the plaintiff every took and thereby (allegedly) suffered injury


New order revises mass tort litigation in Philadelphia
  • Dechert LLP
  • USA
  • February 21 2012

Parties who litigate in the Mass Tort Programs established by the Philadelphia Court of Common Pleas’ Complex Litigation Center received major news last week, when Hon. John W. Herron, Administrative Judge of the Court’s Trial Division, issued an order revising how mass tort litigation will be conducted in Philadelphia


Warnings and punitive damages
  • Dechert LLP
  • USA
  • February 24 2012

In our recent post describing Salvio v. Amgen Inc., 2012 WL 517446 (W.D. Pa. Feb. 15, 2012), we mentioned the standard for punitive damages that the court applied “punitive damages are unfounded where a manufacturer-defendant warns of the potential danger that resulted in injury to a plaintiff.”