For several years, Bexis has served as an Advisor to the American Law Institute’s (“ALI”) Third Restatement of Torts, Intentional Torts to Persons project. These things, by their nature, take a long time, but this particular project is drawing to a close. Unfortunately, however, the last part of the last section of the last draft
Following More Than Just Money
In our How Not To Create an “Exception” to the Learned Intermediary Rule post two years ago, we criticized a couple of Texas trial court cases for attempting to create a company compensation exception to the learned intermediary rule, that prior decisions had almost universally rejected. That post includes a comprehensive discussion of nationwide precedent
Stupid Expert Fees
This post is a follow-up of sorts to our “Stupid Expert Tricks” post. That post dealt with dodgy games that our opponents’ experts play. This post is about adding injury to insult, that is, when the plaintiffs try to make us pay for the privilege of dealing with those tricks.
Now both our
Guest Post – Summary Judgment for Defendant on All Counts in Absence of a Product Defect
Today’s guest post is by Reed Smith‘s Jenn Eppensteiner. In it she discusses a recurring theme on the Blog – claimed product “defects” arising from nothing more than the failure of an implanted medical device. Case after case has recognized that the human body is a hostile environment for implants, surrounded by the
Stupid Expert Tricks
Recently, Bexis was contacted by a reporter who had read the blog’s post on ghostwriting. Bexis explained that people at the top of any profession – medical, legal, engineering, whatever – have more reasons opportunities to publish than they could possibly have time to write from scratch on their own. Judges have law clerks,
“Fully Informing” the FDA
One of the more peculiar things about Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019) (“Albrecht”), is the almost off-hand way that the majority (made up mostly of justices that have opposed preemption in closer cases) wandered away from the procedural preemption issues that the Court was
Shameless Plug: ACI Drug & Device Conference (December 10 – 11)
As we mentioned several weeks ago, several of your Reed Smith bloggers are making plans to be in New York on December 10-11 to attend ACI’s annual Drug and Medical Device Litigation conference. We’re looking forward to great content and numerous networking opportunities – and maybe even the chance to catch up with
Plaintiff’s Pyrrhic Pradaxa “Victory”
Various plaintiff-side consortia have taken it into their heads to sue every manufacturer of so-called “novel oral anticoagulants” because these products, gasp, can cause serious, and sometime fatal, bleeding incidents. Fortunately, on the whole the plaintiffs haven’t done so well with these cases – losing almost all the trials – because jurors can be taught
Unsound, Ongoing MDL Choice of Law Fiasco
This post is solely the product of the Reed Smith side of the Blog.
Readers may recall that a couple years ago we proposed reworking the federal multi-district litigation statute, 28 U.S.C.A. §1407, in a variety of ways. Simultaneously, some of us have been working with Lawyers for Civil Justice to attempt MDL change through
The Unknown Unknowns – Differential Etiology and Idiosyncrasy
Donald Rumsfeld once justified attacking Iraq without firm evidence that his target possessed the ultimately apocryphal “weapons of mass destruction” by citing fear of the unknown:
Reports that say that something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things we know we know. We also