Topic
Pleading Standard
319 published works
Drug & Device Law
Western District of New York Gives Plaintiff Fourth Try to Plead Her Claims
Second chances, sure. Two bites at the apple, we see it all the time. Three strikes before you are out, fairly common. But a fourth amended complaint to cure basic…
Drug & Device Law
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,…
Eye on Enforcement
Supreme Court Declines to Clarify FCA Pleading Standard
How much detail must a plaintiff allege to meet the heightened pleading standards that apply in an FCA case? Appellate courts have taken different approaches, but given a chance to…
Inside the False Claims Act
Third Time is Not the Charm – Supreme Court Denies Cert. on Rule 9(b) Split Again
On October 17, the U.S. Supreme Court summarily denied three petitions asking the Court to resolve a growing circuit split on the application of Federal Rule of Civil Procedure 9(b)…
New York Attorney Malpractice Blog
Statute of Limitations Not The Reason for Dismissal
In York v Frank 2022 NY Slip Op 05738 Decided on October 12, 2022 Appellate Division, Second Department, after discarding the statute of limitations as a reason to dismiss, the…
Drug & Device Law
On Pleading Negligence Per Se
By Bexis
Bexis has just submitted revisions and updates to Chapter 4 of his treatise, Drug and Medical Device Product Liability Deskbook. Chapter 4 is “The Federal Framework,” and one of the…
Drug & Device Law
Childhood Vaccine Case Gets TwIqballed
Since the Supreme Court decided Bruesewitz v. Wyeth LLC, 562 U.S. 223 (2011), product liability litigation over childhood vaccines is rare but not extinct. As demonstrated by today’s case --…
Tort Talk
Split of Authority Continues in Luzerne County On Proper Pleading of Recklessness in Personal Injury Actions
In the case of Markiewicz v. Avanti of Drums, Inc., No. 2022-CV-03926 (C.P. Luz. Co. July 12, 2022 Gelb, J.), by Order only, Judge Lesa Gelb of the Luzerne County…
Drug & Device Law
“Information and Belief” Do Not a Fact Make, Says the Southern District of New York
We just bought tickets for ourselves and a dear visiting colleague to see Barry Manilow in concert next month. We love everything about Barry – his songwriting (we orchestrated many…
Subject to Inquiry
Supreme Court Signals Interest in Clarifying Pleading Requirements in False Claims Act Suits
By Michael J. Podberesky, John S. Moran, David Pivnick
The U.S. Supreme Court soon will decide whether to tackle a longstanding question regarding the applicability of Federal Rule of Civil Procedure 9(b) pleading standards in False Claims Act suits.…