Bexis has been working with Lawyers for Civil Justice on a number of projects, including the currently pending initiative to enact a federal rules amendment that requires meaningful disclosure of third-party litigation funding (“TPLF”) on essentially the same rationale that insurance policies are routinely disclosed under Fed. R. Civ. P. 26 (a)(1)(A)(iv). As part of
Cross-Post – Fifth Circuit Stay Reinstates Nationwide In-Person Dispensing Requirement for Mifepristone
We’ve never done a cross-post before with any other Reed Smith (or any other firm’s) blogs, but the recent decision, Louisiana v. FDA, ___ F.4th ___, 2026 WL 1194924 (5th Cir. May 1, 2026), justifies this unprecedented action. Essentially, the Fifth Circuit, ordered a nationwide injunction against the FDA’s 2003 REMS amendments that authorized
Putting New Rule 16.1(b)(3) to Work
Bexis recently attended the Spring Conference of the Product Liability Advisory Council (“PLAC”). PLAC meetings are usually good for new blogpost ideas, and this one was no exception. Today’s idea comes from an unusual source, though – the final day’s ethics presentation. That presentation was about artificial intelligence, mostly in the mass tort context. One
Guest Post – Think Before You Prompt: What Recent Case Law Tells Us About Privilege, Work Product, and Your AI Interactions
Today’s guest post is another tech-related discussion from Reed Smith‘s Jamie Lanphear. Given the increasing ubiquity of artificial intelligence (“AI”) in legal practice, the notion of AI prompts and output becoming yet another front in the never-ending ediscovery wars is concerning. Here are Jamie’s latest thoughts on the latest pertinent caselaw in this
Hardly a Shock – PMA Preemption Prevails in New Mexico
Our PMA Preemption Scorecard now collects 729 opinions, the vast majority of which find preemption (which is why it’s a “scorecard”). Only three of them are from the Land of Enchantment, New Mexico – with two of them being in the same case. The third is Yusnukis v. Nevro Corp., 2026 WL 509227 (D.N.M.
Shameless plug – Your Inside Track on 2026’s Biggest Drug & Device Defense Issues
Early Bird pricing may be history, but the good news is the 2026 Drug and Medical Device Seminar is shaping up to be anything but ordinary. If you like smart people, sharp ideas, and a little Boston energy, you’re in the right place.
What’s New and Big This Year
From May 20–22 at The Westin
The Learned Intermediary Rule & Preserving the Physician/Patient Relationship
The learned intermediary rule – that prescription medical product warnings are directed to (and written to be understood by) the professional medical personnel who prescribe them – is as close to unanimous as any tort doctrine that we know of. We keep a running tab on the 50 states, and the rule has support in
Navarro – Another Benzene Ring Busted
As we have discussed more times than we like, the plaintiffs’ class action cabal, in conjunction with their running-dog Valisure “if it doesn’t have it, we’ll cook it until it does” “testing” laboratory, has targeted various products supposedly containing benzene contaminants. The result has been a plethora of no-injury class actions by plaintiffs who
Guest Post − AI Enters the Exam Room: Product Liability Implications of AI Health Tools
Today’s guest post is by Reed Smith‘s Jamie Lanphear. She has long been interested in tech issues, and particularly in how they might intersect with product liability. This post examines product liability implications of using artificial intelligence (“AI”) for medical purposes. It’s a fascinating subject, and as always our guest posters deserve 100%
Maryland Law Does Not Cower – Instead Public Nuisance Bites the Dust
In a pair of decisions, Express Scripts, Inc. v. Anne Arundel County, ___ A.3d ___, 2026 WL 797872 (Md. March 23, 2026), an opioid case, and Mayor & City Council of Baltimore v. B.P. P.L.C., ___ A.3d ___, 2026 WL 809501 (Md. March 24, 2025), a climate change case, the Supreme Court of