Where To Find Our Research 3.0

by Reed Smith

Happy New Year!

It’s been 3 ½ years since we last updated our index to our online research resources.  That’s almost ⅓ of the total life of the blog, which started in way back in 2006.  We’ve been blogging now for well over ten years.  Our first substantive research post, on the presumption against preemption, was published that November.  We are now up to over 3400 separate posts of greater or lesser import.

We use this blog regularly as a research tool, and we regularly pass posts along to others in our firms when they ask. We suspect that a lot of you do, too.  Even for us, it becomes progressively more difficult to find what we’ve already posted – particularly when we want to do it quickly.  Given that we’re the authors of (almost) all these posts, and presumably we remember at least something about them, we can only guess how difficult accessing our posts must be for the rest of our readers.  We’ve tried with categories and tags, describing the topics, but not only are they less than 100% accurate, but they’re less than 100% consistent, since each member of the blogging team treats them a little differently.  Beyond that, some of our more heavily used topics, like preemption with nearly 500 posts, are quite unwieldy to sort through.  We’d guess that over half of all of our categories have over 100 posts.

We like to know where things are too.  One of the many reasons we write the blog is to provide our clients with more value for less.  The ripple effects, of course, go beyond our clients to the industry as a whole and the defense community as a whole.  But if another law firm saves a mutual client X dollars by using one of our posts to get a leg up on a research topic, we still think we’re providing extra value, even if indirectly.  In order to do that, we can’t be re-inventing the wheel, any more than in our billable matters.  Using free – or at least non-billable – blog research seems like an eminently reasonable step for any of us to take.

The alternative would be to keep things internal and not share.  But then why blog at all?  Our basic philosophy that defense wins anywhere help defendants everywhere – whether that win is in Philadelphia or Poughkeepsie, Los Angeles or Laramie, D.C. or Des Moines.  Value is value, whether billed to a client or not.  We are acutely aware that not every defendant and not every case can independently justify the depth of research we do.  But we are egotistical enough to think our research could be beneficial to the defense of just about any case.  So we’ve decided to share … again.

What follows is a really boring post. We’re lawyers, not librarians, but we’re going to try to organize things so that people who want to use our research posts (as opposed to our single-case posts and other stuff) can find them.  For “value,” it is hard to beat “free.”

So, if you’re looking to be entertained, come back tomorrow.  But if you’re a defendant or a defense lawyer who might actually want to use the blog’s research resources, you’ll want to save this post somewhere.

Here’s how we go about this.

Our serious research is of four overall types.  First, are our scorecards.  These compile all cases that we know of, pro or con, on a topic.  Scorecards are updated on an ongoing basis, so the date of the post is not particularly important.  Keep in mind, that, because we’re not in the business of doing the other side’s research for them, scorecards only address subjects where historically the defense usually wins.  That’s why we had to retire our prescription drug preemption scorecard after Wyeth v. Levine, 555 U.S. 555 (2009).

Second, are our cheat sheets.  These address subjects where the weight of precedent is more mixed.  Cheat sheets only contain favorable precedent – that is, where the defense side won.  Cheat sheets are also updated on an ongoing basis, although often not as religiously as our scorecards.  When using cheat sheets, always be aware that adverse precedent exists, but is not listed in the cheat sheet.

On numerous occasions, we’ve either discussed other topics, frequently on a nation-wide basis. Sometimes we’ve organized such research in 50-state fashion, with the headers formally divided on a state-by-state basis.  We’ll keep to that division here.  So, third, we’ll list our state-by-state research topics.

Fourth, and finally, we’ll follow that with our remaining nationwide research organized by topic.  We’re also including the date of the post, so you’ll know how current the research is, because with only a few exceptions, our research posts other than scorecards and cheat sheets is not updated.


Post-Riegel Pre-Market Approved Device Preemption Scorecard

Post-Mensing Generic Drug Preemption Scorecard

Innovator Liability in Generic Drug Cases Scorecard

Cross-Jurisdictional Class Action Tolling (of the statute of limitations) Scorecard

Lack of Compensable Injury Scorecard


Post-Bauman Personal Jurisdiction Cheat Sheet (updated through BMS)

Post-BMS Personal Jurisdiction Cheat Sheet

Post-Levine Drug/Vaccine Preemption Cheat Sheet

Class Action Denial In Federal Court Cheat Sheet

Class Action Denial In State Court Cheat Sheet

TwIqbal Cheat Sheet

FDA Adverse Event Reports Cheat Sheet

Duty to Test Cheat Sheet

E-Discovery for Defendants Cheat Sheet

Lone Pine Cheat Sheet

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

Written by:

Reed Smith

Reed Smith on:

Readers' Choice 2017
Reporters on Deadline

"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.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*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.