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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.

There are subjects we just can’t touch on this blog.

First, politics: We’d annoy each other, along with half our readers.

Second, religion: Ditto.

Third, when treating physicians must be disclosed as expert witnesses or can give expert testimony at trial: If we ever touched on that subject, we wouldn’t just annoy each other; we’d

Imagine this: The only published article in the medical literature reaching a statistically significant result concerning a drug and an outcome turns out not to have been what it seems. Rather, over a third of the subjects in the relevant category turn out to be misclassified. When properly reclassified, the statistical significance between the drug

Earlier this week, we posted about how the MDL court in the Nuvaring litigation denied outright a defense motion to dismiss on the entirely procedural ground that the master complaint was an “administrative tool” and not intended for motion practice under Fed. R. Civ. P. 12. In re Nuvaring Products Liability Litigation, 2009 WL

Oy! Don’t bother!

We’re scouring the web for stuff in the scholarly literature that might interest practitioners in our field, and we’re coming up awfully close to empty.

We’re posting below portions of the abstracts — do we save you time, or what? — of the most interesting three recent articles we found. And you

We just saw this morning that folks at Princeton, Harvard, and the Internet Archive have created and released a new computer program that hacks PACER, the system for retrieving federal court opinions.

Apparently, this new program has a database with many opinions pre-loaded into it, and others will be added as folks download more decisions

Suppose you have a product liability MDL.
Individual lawsuits are arriving by the mailbagful.
You need a system to sort out which claims can proceed and which should be dismissed as a matter of law. What’s a judge to do?
On the one hand, you could order defendants to file motions to dismiss each of