Growing up down in Georgia, Bexis used the phrase “a whole lotta nuthin’” frequently when encountering things (like the 1970s Underground Atlanta tourist trap) or people (like Lester Maddox, who governed the same way he rode bicycles) that didn’t
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In Pari Delicto By Any Other Name Would Still Be A Bar
A few years ago, we detailed the efforts of the plaintiffs’ bar to tweak the Restatement of Torts to decrease the chance that a suit for damages would be defeated because the plaintiff engaged in a criminal act. The Restatement…
Medical Cannabis in Pennsylvania – Since It’s Legal, It’s Reimbursable, FDA Regulatory Status Notwithstanding
A Difference of Opinion is Not a Misrepresentation
So says the Fifth Circuit in Torrey v. Infectious Diseases Society of America, — F.4th –, 2023 WL 7890067 (5th Cir. Nov. 16, 2023). Which joins the Second and Third Circuits in protecting scientific free speech. Cases we discussed here…
Wrecked on a Li Shore – The Saga of a Turncoat Expert
In prescription medical product liability litigation, both sides invest a lot in their expert witnesses. In addition to spending time, money, and effort, we work out our legal theories with our experts, and share with them our views of the…
Second Shameless Plug: Discount Code for Our Readers to 2023 ACI Drug & Device Conference
We hope our loyal readers had a wonderful Thanksgiving. As you reflect on what you’re thankful for this year, we would like to suggest one more item for your list: Discounted registration to ACI’s Drug and Medical Device Litigation Conference…
Lone Pine Takes Root in the Buckeye State
No Medical Device Exemptions to Texas Statute of Repose
It’s a short week, so we are going to do a short post about a short decision on a product that lasted a long time.
An inferior vena cava (“IVC”) filter was implanted in plaintiff in 2004. Some years later…
Post-Out Sticky Notes
In stark contrast to the “MDL treatment” that the Valsartan plaintiffs received earlier this year, the decision in Post v. Amerisourcebergen Corp., 2023 WL 5602084 (N.D.W. Va. Aug. 29, 2023), was more mainstream. Class certification was denied for a…
Shameless Plug: ACI Drug & Device Conference (December 5 – 6)
Several of your Reed Smith bloggers are making plans to be in New York on December 5 – 6 to attend ACI’s annual Drug and Medical Device Litigation conference. We’re looking forward to great content and numerous networking opportunities – and…