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Fishman Haygood LLP

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

Fishman Haygood LLP on

The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Faegre Drinker Biddle & Reath LLP on

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

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