This post is from the non-Reed Smith side of the blog.
Today we discuss two discovery orders from a case in the Northern District of California, Lin v. Solta Medical, Inc. In this case, Plaintiff, a California resident, alleged that
This post is from the non-Reed Smith side of the blog.
Today we discuss two discovery orders from a case in the Northern District of California, Lin v. Solta Medical, Inc. In this case, Plaintiff, a California resident, alleged that…
We are medical device and pharmaceutical lawyers, so preemption is our thing. It may not make for scintillating cocktail conversation, but we find the intersection between Constitutional law (the Supremacy Clause and the federal/state balance of power) and public…
Back in 1997, a Chicago Tribune columnist wrote a hypothetical commencement speech that garnered a lot of attention. Like most commencement speeches, it offered uplifting advice to the bright young minds about to enter the working world. Unlike most, it…
If at first you don’t succeed . . . re-urge. That’s the word the MDL court used in In re: Taxotere (Docetaxel) Products Liability Litigation, 2024 WL 718698 (E.D. La. Feb. 21, 2024). Defendants urged, re-urged, and again re-urged the…
Bexis was a mere college freshman, and a Princeton football manager, on September 28, 1974. In the first game of the season, Rutgers played Princeton at Princeton’s old (and rather decrepit) Palmer Stadium. With about three minutes to go…
The MDL and state court proceedings involving saxagliptin-based diabetes drugs (such as Onglyza and Kombiglyze) strike us as the mass tort that never should have been. These proceedings initially followed a familiar model—a publication identified a signal of a risk…
For many years, even before the Supreme Court picked up the ball, we have been arguing that “stop selling” theories of liability for alleged injuries from prescription drugs should not be viable. This is not just a preemption issue. …
Our abiding skepticism about multidistrict litigations (MDLs) is redeemed — a little — by the recent decision in In re CPAP, 2024 U.S. Dist. LEXIS 25528 (W.D.Pa. Feb. 14, 2024). The Lexis printout of the opinion is not nearly as…
This post is not from the Reed Smith or Holland & Knight sides of the blog.
Sometimes the intersection of the law and the facts are simply undeniable. Such was true of the fourth bellwether case selected in the Bard…
This post is only from the non-Butler Snow part of the Blog.
As our 50-state survey of the learned intermediary rule demonstrates, the rule now applies in all fifty states. That includes statutes or high court decisions from 38 states…