We have not written much on data privacy lately, but it remains a hot topic and one that changes rapidly as governments around the world (including numerous U.S. states) enact new data privacy laws. One thing that has not changed
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Litigation Over COVID-19 Policies Continues
If we had forgotten that there continue to be abundant U.S. cases of COVID-19, then there was plenty around us to remind us. Public mask usage seems to have increased. We heard how the “tripledemic” of viruses had made hospital…
Bard IVC Filters MDL Denies Request for Exemption from Common Benefit Fund Assessments
In the podcast called Know Your Enemy, political progressives take a probing look at the history of American conservative political thought. The podcast is somewhat unusual because it takes opponents’ opinions seriously. There is much more analysis than name-calling. The…
Learned Intermediary — Not an Affirmative Defense in California
Almost a year ago we wrote a post called Learned Intermediary – Not Just for Failure to Warn about a California putative economic loss class action that was dismissed for failing to plead any allegations about whether the drug manufacturer…
Mostly Bad Preemption Decision in Textured Breast Implant Case out of D.N.J.
We write from Tampa, Florida, where we attended the bridal shower of a lifelong friend’s daughter. In a happy coincidence, the event fell on the last weekend of a two-week stretch of dog shows in which our puppy’s sire, a…
Another Poster Child for Early Vetting of MDL Plaintiffs
By Bexis
We know that the Federal Judicial Conference’s Committee on Civil Rules is considering creating a rule specifically applicable to multi-district litigation – which now comprises some 70% of all cases filed in the federal court system. We remain hopeful the…
Federal Court: No Evidence that Allergan’s Textured Breast Implants Had a Higher Incidence of Cancer Than Other Manufacturers’ Implants
This post is from the non-Reed Smith side of the blog.
We don’t usually report on securities-law cases, but today we do. That is because the well-reasoned decision in question, In re Allergan PLC Securities Litigation, 2022 WL 17584155 (S.D.N.Y.…
A Hospital Can be a Product Liability Seller-Defendant in Oregon
You’ve no doubt heard of the 5 W’s (who, what, where, when, why) as applied in journalism or police investigations. They also apply to litigation. For example, personal jurisdiction and forum non conveniens are “where” issues, statute of limitations and…
A Short and Plain Statement About the PREP Act
This post is from the non-Reed Smith side of the blog.
Federal Rule of Civil Procedure 8(a)(2) requires that a complaint contain “a short and plain statement of the claim, showing that the pleader is entitled to relief.” TwIqbal requires…
MDL-Wide Preemption Win in Zofran Affirmed
By Bexis
One of the decisions we were looking forward to at the end of 2022 has occurred. In In re Zofran (Ondansetron) Products Liability Litigation, ___ F.4th ___, 2023 WL 128570 (1st Cir. Jan. 9, 2023), the court unanimously affirmed the…