This post is from the non-Reed Smith side of the blog.
Not a drug or a device case, the recent personal jurisdiction ruling in In re: Hair Relaxer Marketing Sales Practices and Products Liability Litigation, 2025 WL 1331791 (N.D. Ill.
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Criminal Liability is Different from Product Liability
Bexis knows that cases like Daughtry v. Silver Fern Chemical, Inc., 2025 U.S. App. LEXIS 11431, 2025 WL 1364806 (5th Cir. May 12, 2025), hit our sweet spot. It is a civil case, but it also emits a whiff of criminal law. It
First Amendment Still Prevails Over California’s Prop 65
We reported about a year and a half ago on a Ninth Circuit opinion holding that the First Amendment prohibited cancer warnings required by California’s Proposition 65 because the warnings were government-compelled speech. Because there was no scientific consensus that
MDL Procedural Shortcuts Once Again Disadvantage Defendants
MDLs are supposed to follow the Federal Rules of Civil Procedure. That’s the reminder the Sixth Circuit gave in In re National Prescription Opiate Litigation, 956 F.3d 838, 844 (6th Cir. 2020):
[T]he law governs an MDL court’s decisions just
Georgia (Tort Reform) On Our Minds
When we read the word “Georgia”, we hear it in our heads sung in the voice of the great Ray Charles. Actually, we hear the entirety of the opening lyrics to Georgia on My Mind. Is that just us?
Anti-SLAPP Statute Slaps Down Anti-Vax Actor’s Lawsuit
Prologue: Many years ago, our litigation practice included representation of a couple of film studios. While it was fun to visit backlots and (literally) bump into movie stars, we discovered that discovery, research, and motion practice were not necessarily any
Litigation Cannot Drive Science
Science and law share a common goal—getting at the truth; but their relationship can be shaky. In areas like medicine and products liability, courts need to rely on science, but courts should not make science or get ahead of science.
FCA Frontal Assault in Eleventh Circuit
In a series of what we entitled “reports from the front,” we discussed how the federal government asserted, and eventually won, the right to intervene in ongoing False Claims Act suits to seek their dismissal notwithstanding the objections
The Perils of Moline, Part II – Persistence Prevails in Re-Identifying Plaintiffs in Cosmetic Talc Article
Today’s post is a little different, in that it involves not an order, but a Motion for Relief from Judgment and to File an Amended Complaint (the “Motion”) filed by Pecos River Talc (“Plaintiff”) against Dr. Jacqueline Miriam Moline (“Dr.
A Chicken By Any Other Name
We really cannot say whether chicken by any other name would smell as sweet or even as chickeny. While we do not compare ourselves to the Bard, we can say that cultivated chicken meat cannot be sold in Florida to