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Reed Smith LLP | USA | 25 May 2023
Always Liability Increases (ALI)? Not Yet with Medical Monitoring.
For several years, we have blogged about the controversy over whether the American Law Institute (“ALI”) should put its Restatement Third of Torts…
Reed Smith LLP | USA | 15 May 2023
Two New Appellate COVID-Related Developments
Each of these cases is significant enough to merit its own post, but since they came down within a week of each other, we’re discussing both of them…
Reed Smith LLP | USA | 7 May 2023
Only in an MDL….
Some things make sense only in the topsy-turvy, litigate-everything-to-death world of Multidistrict Litigation. One recent example is In re Taxotere…
Reed Smith LLP | USA | 1 May 2023
Automotive Preemption Case Has Buckman Front and Center
One key point where implied preemption differs from express preemption is that express preemption is inherently limited by the language of the…
Reed Smith LLP | USA | 24 Apr 2023
Oye Cómo Va? To Arbitration.
Arbitration, if done right, is an effective, speedy, and low-cost alternative to civil litigation of all kinds, which is why the other side (or at…
Reed Smith LLP | USA | 17 Apr 2023
When at First You Don’t Succeed….
At least try to do something different. As we discussed before, because his prescription drug warning claims collided with federal preemption, the…
Reed Smith LLP | USA | 13 Apr 2023
Alternative Design Issue Certified to West Virginia High Court
Quick - when's the last time that a Federal Court of Appeals certified a pro-plaintiff ruling to the relevant state supreme court? We don't remember…
Reed Smith LLP | USA | 11 Apr 2023
Zostavax − Dredging the Dregs
When we last visited the Zostavax MDL last December, over a thousand plaintiffs, all claiming shingles as an injury, had been dismissed because none…
Reed Smith LLP | USA | 10 Apr 2023
Live Free, or at Least Have a Present Injury
One of the most fundamental limitations on tort liability - all tort liability - is that a plaintiff must suffer an injury before s/he can bring a…
Reed Smith LLP | USA | 31 Mar 2023
Agree To Disagree - Don’t Sue the Other Side of a Scientific Dispute into Silence
Time and time again, we have opposed efforts by one side of a scientific dispute - typically involving a prescription medical product - to attempt to…
