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Civil Procedure Products Liability

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California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from...

In McMillin Albany LLC et al. v. The Superior Court of Kern County (Van Tassel) [Case No. S229762], the California Supreme Court held that California Civil Code §§ 895 et seq. (the “Right to Repair Act”) provides the...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

For Whom the Statute Tolls: It Tolls For Thee – Chavez v. Occidental Chemical Corp. – New York Federal District Court Tolls New...

by K&L Gates LLP on

On January 10, 2018, Judge Paul Engelmayer of the United States District Court for the Southern District of New York held that plaintiffs who were allegedly injured between 1965 and 1990 on banana plantations outside the...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

Product Liability Update: January 2018

by Foley Hoag LLP on

First Circuit Holds Foreseeability of Health Risk Is Standard For Failure To Warn Even Though Claim Is For Property Remediation, And Bulk-Selling Chemical Manufacturer Had Post-Sale Duty To Warn Only Direct Customers Even If...more

Restructuring and Insolvency Bulletin Issue 3 - January 2018: Takata's Japanese Bankruptcy Case Survives Public Policy Objection

by Dechert LLP on

As has been widely reported, over the last several years Takata Corporation and its various worldwide subsidiaries (together “Takata”) have been involved in a multitude of governmental investigations, class actions and...more

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...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

Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases

On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “Bigelow”), finding that injunctive standing is...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

The F-word and Preemption

by Reed Smith on

There are plenty of f-words in this post, but fear not, for they are all fully capable of traveling in polite company. Most are even family-friendly. The most tasty f-word here is the “F” in FDA: food. While we focus on drug...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

Toxic Tort Monitor – January 2018

by Husch Blackwell LLP on

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

Jones, Skelton & Hochuli Partners Sandy Gerber and Josh Snell Obtain Unanimous Defense Verdict

Plaintiffs Tyler Newton and Kalynn Palimsano insured their 2007 Chrysler Pacifica with our client, Defendant GEICO Automobile Insurance. On January 6, 2014, Plaintiff Kalynn Palmisano was driving the Pacifica when the engine...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

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