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JAMES M. BECK is Reed Smith's only Senior Life Sciences Policy Analyst, resident in the firm's Philadelphia office. He is the author of, among other things, Drug and Medical Device Product Liability Handbook (2004) (with Anthony Vale). He wrote the seminal law review article on off-label use cited by the Supreme Court in Buckman v. Plaintiffs Legal Committee. He has written more amicus briefs for the Product Liability Advisory Council than anyone else in the history of the organization, and in 2011 won PLAC's highest honor, the John P. Raleigh award. He has been a member of the American Law Institute (ALI) since 2005. He is the long-time editor of the newsletter of the ABA's Mass Torts Committee.  He is vice chair of the Class Actions and Multi-Plaintiff Litigation SLG of DRI's Drug and Device Committee.  He can be reached at jmbeck@reedsmith.com.  His LinkedIn page is here.

A couple of months ago we were sufficiently impressed by a guest post we received concerning Iowa and the learned intermediary rule.that we invited counsel familiar with the other states that lacked state-court appellate authority to give us their best pitch for the rule in those states.  We had volunteers for South Carolina and Wisconsin

Some product liability cases are so bad they won’t fly even in California.  Gall v. Smith & Nephew, Inc., ___ Cal. Rptr.3d ___, 2021 WL 5027197 (Cal. App. Oct. 29, 2021), is one of those.  Plaintiff alleged that the defendant inadequately warned about the alleged risks of a hip implant, or alternatively that the

Now that a childhood COVID-19 vaccine has received FDA approval, the vaccination of school-aged minors is underway.  Just as vaccination requirements for adults have prompted a wave of litigation, we expect the same with respect to COVID-19 vaccination as a prerequisite to attending primary schools.  But with a twist.  Unlike adults who ignore mandatory

LinkedIn has become one of the preferred ways of corporate communication.  Our own firm encourages us to maintain LinkedIn profiles and use them as a way of networking with clients and potential clients.  That’s all well and good.  But as with all public social media platforms, users – particularly corporate users – need to be

We’ve seen many plaintiffs allege that drug and/or medical device manufacturers committed “fraud on the FDA” and bemoan that Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), prevents them from recovering based on such allegations.  Buckman still doesn’t prevent them from trying every form of evasive legal chicanery known to man to

With November representing the 18th month of socially distanced litigation, we thought we’d take a look at what courts have said about remote (usually Zoom) depositions.  Like it or not, we think they’re here to stay.

Yes/No

The first question is whether or not to have them.  Can one side impose them unilaterally?

The answer

Thanksgiving is somehow just around the corner. Your bloggers are, of course, thankful for you, our loyal readers. And we want to give you – or at least those of you who may need more CLE credit before year-end — something to be thankful for as well. So we are pleased to announce that Reed

Ever since our Bone Screw days, when we used the strategy to great effect, we’ve rooted for defendants undertaking to beat post-MDL remand plaintiffs in guerrilla litigation in numerous courts across the country.  The way to do it is twofold:  On the one hand the defendant creates litigation uncertainty by hemming the other side in