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

DOJ Official Comments on Brand and Granston Memos

by Weiner Brodsky Kider PC on

Stephen Cox, Deputy Associate Attorney General, recently spoke at the Federal Bar Association Qui Tam Conference about memos issued by Associate Attorney General Rachel Brand and Michael Granston, Director of the DOJ...more

Federal Right To Try Legislation – Is It Any Better – 2018 Edition

by Reed Smith on

A little more than six months ago, we reviewed then-pending federal right-to-try legislation. Since then it’s become a shiny object, capable of distracting those governing the country from more important matters. One...more

SC Supreme Court Addresses Affidavit Requirement for Medical Malpractice Case

by Collins & Lacy, P.C. on

On February 28, 2018, the South Carolina Supreme Court issued its opinion in Eades v. Palmetto Cardiovascular and Thoracics, P.A., et al, Opinion No. 27770. In the opinion, the Court addresses whether an affidavit filed with...more

Brand-Name Manufacturers Could Be Liable for Generic Drug Injuries, Says Massachusetts Supreme Court

by Faegre Baker Daniels on

On March 16, 2018, Massachusetts joined a growing minority of states — California, Vermont and Illinois — recognizing innovator liability of name-brand drug manufacturers. Rafferty v. Merck & Co., Inc., SJC-12347, 2018 WL...more

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

by Cozen O'Connor on

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Perspectives for the Professions Newsletter - March 2018: Duty of Fairness at Investigative Stage and the Importance of...

by Field Law on

Kuny v College of Registered Nurses of Manitoba, 2017 MBCA 111, emphasizes that the duty of fairness at the investigative stage of a professional disciplinary process requires centrally that a member be advised of the...more

Health Update - March 2018

The Promise of Data-Driven Healthcare: Megatrends for 2018 - Editor’s Note: For state health programs, payers, providers and life sciences companies, data and analytics have become essential to facilitating efficient and...more

That’s No Autodialer: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more

Revoking Contractual Consent is Different: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more

No Safe Harbor for Reassigned Numbers: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more

District Court Denies Class Certification under Third Circuit’s New Impracticability Framework

by McDermott Will & Emery on

A district court denied class certification for a relatively small class of plaintiffs after applying the US Court of Appeals for the Third Circuit’s impracticability framework as part of a Rule 23(a) numerosity analysis....more

Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

The inclusion of a non-compete agreement, or covenant not to compete, is frequently one of the most anxiety-producing issues in physician employment contracting on the part of both the physician and the employer. This has...more

Legal Black Holes Proliferate After Stephen Hawking’s Death – Massachusetts Allows Somewhat Limited Innovator Liability

by Reed Smith on

Stephen Hawking may have been the smartest guy in the world, even though he believed that “People who boast about their I.Q. are losers.” Hawking is best known for his work on black holes. As used in physics, a black hole...more

D.C. Circuit Unwinds 2015 FCC TCPA Ruling: An Overview

by Balch & Bingham LLP on

In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more

Will High Court Provide Clarity On 'Clear Evidence'?

by Morrison & Foerster LLP on

The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held...more

The Best Wisconsin Law Decision We’ve Ever Seen, Affirmed

by Reed Smith on

The district judge in the In re Zimmer Nexgen Knee Implant Products Liability Litigation MDL issued a summary judgment order in October 2016 that we called “the best Wisconsin law decision we have ever seen.” What was the...more

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

by Mintz Levin on

A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

Health Care Newsletter - March 2018

by Hinshaw & Culbertson LLP on

Competency of an Expert Witness and Rule 219(e) Questioned by Illinois Court of Appeals in Medical Malpractice Decision - Freeman v. Crays, 2018 IL App (2d) 170169 provides guidance for defending medical malpractice cases...more

Mostly Favorable MIL Rulings in IVC Filters Litigation

by Reed Smith on

Here in Philadelphia, less than a week before the first day of Spring, it is sunny and calm, albeit a bit chilly. Not so last week, when we were hit with the second Nor’easter in less than a week. As much as sixteen inches...more

N.D. Illinois Dismisses Accutane Case for Lack of Personal Jurisdiction

by Reed Smith on

With a little luck on our part, by the time you read this we will be vacationing in a sunnier clime. Our beachfront cottage is an Oddjob’s hat-toss away from where Ian Fleming wrote the James Bond novels. Mind you, we are...more

Top Developments in Hatch-Waxman Litigation for March 2018

by Morrison & Foerster LLP on

This month, we highlight several significant decisions including The Medicines Company v. Hospira, Inc. and Index Pharmaceuticals, LLC v. Gilead Sciences, Inc. and the Trump administration’s legislative proposal to increase...more

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Brand’s Memo and Dan’s Desk

Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in...more

Another Domino Teetering – Stream of Commerce Personal Jurisdiction after BMS

by Reed Smith on

Several decisions since the beginning of the year, and two appellate rulings in the last couple of weeks, highlight another aspect of Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (“BMS”), that should be...more

Digital Health Report - Winter 2018

Machine Learning and Digital Health Applications - The use of artificial intelligence (AI) algorithms to solve complex problems has risen dramatically in the last several years. In 2017, Gartner identified more than 1,000...more

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