Today’s guest post is by Reed Smith‘s Lisa Baird, who has written about her recent experience with mandatory initial discovery, as practiced in a “Pilot Project” in place in certain federal district courts. It was interesting – in the “stop and think before you remove to federal court” sense of interesting. As always
Guest Post – Illinois Court Rejects Novel Claims Alleging Deficiencies In Post-Approval Studies
Today we have a guest post from Reed Smith‘s Elizabeth Minerd discussing a PMA preemption case dealing with unusual “parallel claim” allegations involving the conduct of clinical trials. As always our guest posters are 100% responsible for what they write and deserve 100% of the credit (and any blame) for what follows. Take it
The Lawyer Full Employment Action of 2018
On January 30, 2018, Judge Goodwin entered four case management orders in the Ethicon, Boston Scientific, Bard, and American Medical Systems mesh MDLS. These CMOs establish discovery and briefing deadlines for 13200, 6174, 2876, and 952, cases respectively – a total of 23202 cases.
The discovery and briefing schedules are identical in
Breaking News – MDL vs. MDL, FDA §510k Clearance Admissible in IVC Filter MDL
As we demonstrated in a post back in 2013, FDA compliance evidence generally − and the fact of a medical device’s clearance as “substantially equivalent” in safety and effectiveness to a predicate device under §510k of the Medical Device Amendments (now 21 U.S.C. §360c(f)(1)(A)) specifically – had for decades been admissible evidence in product
More Legislation To Watch
Like a lot of large firms, Reed Smith has a number of blogs. We don’t mention them much because, DDL has product liability pretty well covered, and the others mostly don’t overlap a lot with what we do. But occasionally….
The other day, Reed Smith’s Health Industry Washington Watch blog described a couple of pieces
More on BMS & Nationwide Class Actions
Speed. Some things move faster than others. When we viewed last August’s solar eclipse, in Tennessee, the Moon’s shadow was moving along the Earth at a rate of about 1,450 miles per hour. Depending mostly on latitude, your speed may be greater or less. Indeed, totality was sufficiently exhilarating that we wondered when the
Guest Post – Another Comparative Book Review
What follows is a guest post from Mark Herrmann, the co-founder and former co-host of this blog. While he hasn’t litigated since going in house, he still writes on legal topics, including drug and medical device product liability. This post is also something of a shameless plug, since he’s announcing the latest edition
Pennsylvania Risperdal Decision Doesn’t Go As Far As Plaintiffs Suggest
This post is from the non-Dechert side of the blog.
While the recent Pennsylvania Superior Court Risperdal decision is not a defense victory, it is certainly not as favorable for plaintiffs as they are making it out to be. While several issues were presented for appeal in Stange v. Janssen Pharms., Inc., 2018 Pa.
Applying the “Arising Out of or Relating to” Personal Jurisdiction Test
Our careers have seen several major pro-defense trends in product liability litigation:
Mainstreaming summary judgment: This happened when we were still young lawyers. A trilogy of United States Supreme Court cases established that summary judgment wasn’t an “extraordinary” or “disfavored” procedure, but rather part and parcel of modern litigation. The lead case in the
Guest Post – No Way For Non-Resident Plaintiffs To “MacGyver” Their Way Into Illinois Court Due To Forum Non Conveniens
Today’s post is another guest post from Kevin Hara, of Reed Smith, who is on his way to becoming a semi-regular blog contributor. This post is about forum non conveniens, which is more discretionary, and less enforceable than personal jurisdiction as a limitation on plaintiff-side (or even defense-side) forum shopping, but which, as