This post is from the non-Reed Smith side of the blog.
One would assume the title of this post to be a given. Afterall, the crux of a fraud claim is that the consumer was deceived or misled in some…
Continue Reading Truthful Statements Cannot Form Basis for Consumer Fraud Claims
From the beginning of the Blog we’ve made our position on “cy pres” class action distributions plain – we hate them. We had hopes that the United States Supreme Court would deep six the whole concept in…
Continue Reading Interesting Cy Pres Appeal
This post is from the non-Dechert side of the blog
Not long ago, one of our co-bloggers fielded some correspondence that, distilled from its abundant rhetoric, seemed to criticize a blog post for its defense-leaning bias. Given this, we hasten…
Continue Reading Nice Rulings on Motions in Limine in N.D. Illinois Hernia Mesh Case
We have tried to be pretty balanced in addressing a number of decisions over the last few months relating to lawsuits brought by the euphemistically labeled “vaccine hesitant” and their brethren who advocate aggressively for entitlement to “alternative” medical treatments…
Continue Reading Another University Win On A Challenge To A COVID-19 Vaccine Policy
Happy Birthday to the Drug and Device Law Daughter. You cannot come home from Kyrgyzstan soon enough. Fall might be the season of mists and mellow fruitfulness, but it is dismal without you. And we hope you have refrained from…
Continue Reading NY Court Holds Covid Patient Has No Right to Ivermectin
Today’s decision strays from the field of prescription drug/device law, but we take this detour because Aybar v. Aybar, 2021 N.Y. LEXIS 2134 (N.Y. Ct. App. Oct. 7, 2021) is an important jurisdictional decision – one with over 100 years…
Continue Reading New York Rejects General Jurisdiction by Consent to Service
Some things were never meant to go together. Oil and water. Ice cream and ketchup. Harry Potter and Lord Voldemort (although fans of the books will quickly point out that Boy Who Lived was actually linked inextricably to his arch…
Continue Reading Prescription Drugs and Class Actions Do Not Mix
Yesterday, we published an excellent synopsis of Iowa law concerning the learned intermediary rule, written by Iowa lawyers with a in-depth feel for their own state’s law, including useful analogies. They have produced the most comprehensive argument we’ve seen why…
Continue Reading State-Specific Learned Intermediary Guest Posts Solicited
Today’s guest post comes from Iowa born and bred attorney Stephanie Koltookian along with Tom Joensen and Tom Kus, all of Faegre Drinker. The backstory is that Stephanie sent Bexis a note that the Blog should not just…
Continue Reading Guest Post – Iowa and the Learned Intermediary Doctrine
For the second time in three weeks a court has denied an injunction that would have compelled a hospital to administer ivermectin to a patient seriously ill with COVID-19. We previously reported on the first of those decisions, Smith v.…
Continue Reading Patient Has No Right to Receive, and Hospital Has No Duty to Administer, A Drug that Is Not the Standard of Care
