News & Analysis as of

Civil Procedure Products Liability Health

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

EDNY Lays Out Disclosure/Report Requirements for Nonretained Treating Doctor Experts

by Reed Smith on

When a drug or device case goes to trial, who is the most important witness? Let’s straightaway eliminate the plaintiff as a possible answer to that question. Based on what we’ve heard from jurors (both real and mock), when...more

More Adventures In Personal Jurisdiction - Examining The BMS “Federal Court” Caveat

by Reed Smith on

With plaintiffs desperate to find some way to continue pursuing aggravated, aggregated product liability litigation in their favorite venues after Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (“Bauman”), and Bristol-Myers...more

It Should Be Obvious – An Azzarello Jury Charge Is Reversible Error In Pennsylvania After Tincher

by Reed Smith on

If you’re not interested in Pennsylvania product liability law at the moment, come back tomorrow. This particular post is not limited to (or even primarily about) prescription medical products....more

Off-Label Marketing MDL Winds Down With Some Summary Judgment

by Reed Smith on

We have written extensively on the travesty of the Neurontin trilogy and noted how the plaintiffs’ efforts to fit cases based on alleged off-label promotion of the prescription SSRIs Celexa and Lexapro into the same rubric...more

E.D. Wash. Rejects Successor Liability in Hip Implant Case

by Reed Smith on

Our first stint in a law firm was on the transactional side. Yes, it sounds crazy even to us, but we spent our first 18 months in the profession pulling all-nighters on triple-tier financings of leveraged buyouts, doing...more

Only You Can Prevent….

by Reed Smith on

We’ve seen the latest affirmance of largely identical verdicts in a consolidated MDL trial in Campbell v. Boston Scientific Corp., ___ F.3d ___, 2018 WL 732371 (4th Cir. Feb. 6, 2018). We’re not discussing Campbell’s merits...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Guest Post – The Federal Judicial Center’s Mandatory Initial Discovery Pilot Project Complicates Litigation In Adopting Districts

by Reed Smith on

Today’s guest post is by Reed Smith‘s Lisa Baird, who has written about her recent experience with mandatory initial discovery, as practiced in a “Pilot Project” in place in certain federal district courts. It was...more

Guest Post – Illinois Court Rejects Novel Claims Alleging Deficiencies In Post-Approval Studies

by Reed Smith on

Today we have a guest post from Reed Smith‘s Elizabeth Minerd discussing a PMA preemption case dealing with unusual “parallel claim” allegations involving the conduct of clinical trials. As always our guest posters are 100%...more

Federal Court Certifies Question to Utah Supreme Court of Whether Comment K Applies to Medical Devices

by Reed Smith on

Strict liability is not the same as absolute liability. We learned that truth in law school, but too many plaintiff lawyers and judges seem to have unlearned it along the way. The key separator between strict liability and...more

The Lawyer Full Employment Action of 2018

by Reed Smith on

On January 30, 2018, Judge Goodwin entered four case management orders in the Ethicon, Boston Scientific, Bard, and American Medical Systems mesh MDLS. These CMOs establish discovery and briefing deadlines for 13200, 6174,...more

Eleventh Circuit Affirms Summary Judgment for Defendants in Embrel Case

by Reed Smith on

This year’s Academy Award nominations came out last week. That means that we have spent the past few days setting a schedule for seeing all of the Best Picture nominees (well, most – we don’t do war movies and tend to opt out...more

Breaking News – MDL vs. MDL, FDA §510k Clearance Admissible in IVC Filter MDL

by Reed Smith on

As we demonstrated in a post back in 2013, FDA compliance evidence generally - and the fact of a medical device’s clearance as “substantially equivalent” in safety and effectiveness to a predicate device under §510k of the...more

More Legislation To Watch

by Reed Smith on

Like a lot of large firms, Reed Smith has a number of blogs. We don’t mention them much because, DDL has product liability pretty well covered, and the others mostly don’t overlap a lot with what we do. But occasionally…....more

More on BMS & Nationwide Class Actions

by Reed Smith on

Speed. Some things move faster than others. When we viewed last August’s solar eclipse, in Tennessee, the Moon’s shadow was moving along the Earth at a rate of about 1,450 miles per hour. Depending mostly on latitude, your...more

Pennsylvania Risperdal Decision Doesn’t Go As Far As Plaintiffs Suggest

by Reed Smith on

While the recent Pennsylvania Superior Court Risperdal decision is not a defense victory, it is certainly not as favorable for plaintiffs as they are making it out to be. While several issues were presented for appeal in...more

Applying the “Arising Out of or Relating to” Personal Jurisdiction Test

by Reed Smith on

Our careers have seen several major pro-defense trends in product liability litigation: Mainstreaming summary judgment: This happened when we were still young lawyers. A trilogy of United States Supreme Court cases...more

Dental Device Class Action Comes Back To Bite Plaintiffs

by Reed Smith on

You don’t see class actions going to trial very often, but that is what happened in Patricia A. Murray Dental Corp. v. Dentsply International, Inc., and the defendant device manufacturer came away with a defense verdict that...more

Guest Post – No Way For Non-Resident Plaintiffs To “MacGyver” Their Way Into Illinois Court Due To Forum Non Conveniens

by Reed Smith on

Today’s post is another guest post from Kevin Hara, of Reed Smith, who is on his way to becoming a semi-regular blog contributor. This post is about forum non conveniens, which is more discretionary, and less enforceable...more

No Old Kentucky Home for Parallel FDCA-Based Tort Claims

by Reed Smith on

Several years ago, in a post entitled “Negligence Per Se Trivia,” we included the following: "In Kentucky, negligence per se has been codified, and claims based on federal (but not state) statutes or regulations (like the...more

California Court of Appeal Limits Duty of Clinical Study Sponsor to Intervene in Treaters’ Care of Study Participants

by Reed Smith on

Last week, we took a short Western Caribbean cruise to celebrate a jarringly-advanced birthday. While the weather wasn’t an asset (it was 43 degrees when we departed Fort Lauderdale, and hovered in the 60s for most of the...more

In a Word - Incredible

by Reed Smith on

Summary judgment isn’t normally available for credibility issues. During the “summary judgment trilogy” of 1986, the Supreme Court stated, “[c]redibility determinations, the weighing of the evidence, and the drawing of...more

Avandia Case Flunks Warning Causation

by Reed Smith on

We’re now into the New Year but aren’t completely done with the old one. The name of the first month of the year, January, is conventionally attributed to Janus, the Roman god of beginnings, gates, transitions, and doorways....more

Where To Find Our Research 3.0

by Reed Smith on

Happy New Year! - It’s been 3 ½ years since we last updated our index to our online research resources. That’s almost ? of the total life of the blog, which started in way back in 2006. We’ve been blogging now for well...more

Ending The Year With Another Good Personal Jurisdiction Decision

by Reed Smith on

Having already issued our posts on the best and worst cases of 2017, we will resist the temptation to comment on the year as a whole, particularly on the powder keg that is politics. We will note, however, two non-legal...more

222 Results
|
View per page
Page: of 9
Cybersecurity

Follow Civil Procedure Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.