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Jurisdiction

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Reed Smith LLP | USA | 1 Jun 2020

Of MDL Plaintiff Fact Sheets and Sham Affidavits

This post is neither written nor reviewed by the Dechert side of the Blog. The recent decision in McLaughlin v. Bayer Essure, Inc., 2020 WL 1625549…
Article

Reed Smith LLP | USA | 28 May 2020

Guest Post - Primary Jurisdiction- More About That 16th Draft Pick

Here’s another guest post by friend-of-the-blog, Dick Dean of Tucker Ellis. Dick is a big fan of primary jurisdiction (if only more courts shared his…
Article

Reed Smith LLP | USA | 21 May 2020

Making It Snappy in New York

There’s a reason plaintiffs hate removal before service - “snap removal.” It has the potential to wreak havoc on their mass tort business models…
Article

Reed Smith LLP | USA | 18 May 2020

FDA Nonacquiescence Strategy Fails In Evergreening Case

One of the advantages that the FDA (and other government Agencies) have over other litigants is that it gets to ignore court decisions it doesn’t…
Article

Reed Smith LLP | USA | 12 May 2020

Quasi-Guest Post - Plaintiffs’ Beast of Burden: Adverse Event Reports Precede Causation

We’re calling this a “quasi” guest post because the author, Reed Smith‘s Dean Balaes, is actually trying out to join our blogging team. This is his…
Article

Reed Smith LLP | USA | 11 May 2020

On Newly Acquired Information

We’ve noticed quite a few prescription drug preemption decisions lately involving “newly acquired information.” That’s because the Supreme Court…
Article

Reed Smith LLP | USA | 6 May 2020

Post-Albrecht Preemption Persistently Pummels Pradaxa Plaintiffs

Not long ago, in our “Post-Albrecht Preemption Pummels Pradaxa Plaintiffs” post we discussed several recent favorable preemption decisions in product…
Article

Reed Smith LLP | USA | 4 May 2020

Preemption and Second-Guessing FDA Classifications

The “fraud on the FDA” claim that the Supreme Court held preempted in Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), was actually…
Article

Reed Smith LLP | USA | 27 Apr 2020

No FDCA-Based Negligence Per Se in Texas

Back during the Orthopedic Bone Screw mass tort litigation, one of major avenues of attack on the plaintiffs’ novel claims was to pursue every…
Article

Reed Smith LLP | USA | 23 Apr 2020

Post-Albrecht Preemption Pummels Pradaxa Plaintiffs

Two of longest recent entries in our Post-Levine Drug/Vaccine Preemption Cheat Sheet are Pradaxa wins. Adkins v. Boehringer Ingelheim Pharmaceuticals…
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