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Reed Smith LLP | USA | 10 May 2021

We Report on FDA-Based Failure-To-Report Claims - A Fifty-State Survey (Part 1)

Not too long ago we discussed the decision in In re Allergan Biocell Textured Breast Implant Products Liability Litigation, 2021 WL 1050910 (D.N.J…

Reed Smith LLP | USA | 6 May 2021

A Defense-Friendly Take on Albrecht

This blog has discussed Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019), and its progeny on multiple occasions. We provided a quick…

Reed Smith LLP | USA | 4 May 2021

Civil Rules Committee Proposes to Toughen Rule 702

For almost as long as we’ve been blogging, we’ve complained about some courts’ flaccid and lackadaisical Daubert gatekeeping. It’s not just trial…

Reed Smith LLP | USA | 3 May 2021

Possibly Off-the-Wall Ideas Triggered by Recent Cases

One of the intriguing things about cases decided by a jurisdiction’s highest court is that pronouncements by such courts can often have far-reaching…

Reed Smith LLP | USA | 19 Apr 2021

Revisionist Drug History Litigation Hits East Coast

We lived through the AIDS epidemic - which is more than we can say for some of our friends. We were in law school when people started dying…

Reed Smith LLP | USA | 12 Apr 2021

If at First You Don’t Succeed - Incretin Edition

When last we tuned into the In re Incretin-Based Therapies (“Incretin”) multi-district litigation, the Ninth Circuit had just undone a…

Reed Smith LLP | USA | 29 Mar 2021

Something Interesting We Didn’t Know

Sometimes we get an opinion back from a court, and the reasoning leaves us scratching our heads and wondering, “Where did that come from?” In the…

Reed Smith LLP | USA | 26 Mar 2021

Ford Personal Jurisdiction Case Decided - In-State Plaintiffs Win; Forum Shoppers Lose

We’ve blogged about the United States Supreme Court’s pending personal jurisdiction cases before. Well, they pend no longer. Yesterday the Court…

Reed Smith LLP | USA | 22 Mar 2021

Wrong Court Redux - Novel Valsartan Predictions Defy Erie & Third Circuit Precedent

A couple of years ago, we chastised a Third Circuit panel in our “Wrong Court” post, pointing out that its decision to declare an Internet marketing…

Reed Smith LLP | USA | 11 Mar 2021

Watch Out! OIG Dings Continuing Medical Education with a “Fraud Alert”

Last year the HHS Office of Inspector General issues a “Special Fraud Alert” (“Alert”) concerning “Speaker Programs” - more usually known as…
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