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Reed Smith LLP | USA | 9 May 2022

Pennsylvania Also Rejects Educational Malpractice, and Thus Duty-To-Train Claims

We have posted twice before about decisions that reject duty-to-train claims under the rubric of “educational malpractice.” Now Pennsylvania has…
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Reed Smith LLP | USA | 2 May 2022

New Decision Directly Addresses the “Is Software a Product” Question

As regular readers know, we bloggers have been following the issue of whether software of various sorts - electronic bytes - is a “product” for…
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Reed Smith LLP | USA | 25 Apr 2022

Blog Content - Subsequent Remedial Measures, Rule 407, and . . . Causation?

Federal Rule of Evidence 407, dealing with the inadmissibility of subsequent remedial measures, isn’t all that complicated - as Federal Rules go…
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Reed Smith LLP | USA | 18 Apr 2022

Not the Best Wisconsin Law Decision We’ve Ever Seen

A few years ago we did a couple of posts about the learned intermediary decision that arose from the Zimmer Nexgen Knee Implant MDL, and was…
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Reed Smith LLP | USA | 12 Apr 2022

Lone Pine Stands Tall in Zostavax MDL

One of the problems with so-called Lone Pine orders in MDLs is timing - they are usually entered way too late, more as vehicles to enforce settlements…
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Reed Smith LLP | USA | 11 Apr 2022

Preemption and Humanitarian Medical Devices

We had occasion recently to reread Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), and here’s what the Court said about why the “reasonable assurance…
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Reed Smith LLP | USA | 8 Apr 2022

Scientific Opponents Cannot Be Sued Into Silence

We have decried several times plaintiffs’ tendency in prescription medical product litigation, particularly mass torts, to try to sue into submission…
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Reed Smith LLP | USA | 1 Apr 2022

California Curtails Overuse of Discovery Depositions

Counsel defending depositions have a decision to make - whether, after opponent’s the direct examination of the witness is complete, whether to…
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Reed Smith LLP | USA | 31 Mar 2022

Split Decision

This post is from the non-Dechert side of the blog. Our latest Zantac litigation decision is not from the Florida MDL, but rather a standalone case…
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Reed Smith LLP | USA | 31 Mar 2022

Eleventh Circuit Disapproves Non-Intended Use Salami Slicing

The Orthopedic Bone Screw would never have occurred - and Bexis might never have found his way to prescription medical product liability litigation -…
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