A few weeks ago, we found ourselves underwhelmed by the court’s Rule 702 rulings in the Covidien Hernia Mesh MDL. Today, we can say much the same thing about its summary judgment decision. In In re: Covidien Hernia Mesh Products Liability Litigation No. II, 2026 WL 1555914 (D. Mass. June 2, 2026), the
Product Representatives are Not Surgical Supervisors: No Duty to Grab the Scalpel
Medical device sales representatives are many things. They know their product lines inside and out. They can tell a surgeon exactly where to find a particular screw, rod, or connector in a tray containing dozens of components. They can help ensure the requested hardware is available when needed. What they cannot do is scrub in
“Shall Not Be Used” Means Shall Not Be Used
The court in In re Acetaminophen—ASD-ADHD Products Liability Litigation confronted a problem that should not have existed in the first place–plaintiffs’ co-lead counsel violating confidentiality and coordination orders that he had helped negotiate.
The underlying orders were straightforward. The MDL confidentiality order protected confidential and highly confidential information produced in the litigation and prohibited the
Summary Judgment Twenty Years in the Making
Back in 2006, people were still carrying around Motorola Razrs, “YouTube” was barely a year old, and nobody had heard of an iPhone. That is when the device in Aceste v. Stryker Corp., 2026 Ohio Misc. LEXIS 1215 (Lucas Cty. C.P. Feb. 4, 2016),was implanted. By the time the case was filed in 2015
Hernia Mesh MDL Lets Causation In But Draws the Line at Ipse Dixit
If Rule 702 is supposed to keep unreliable expert opinions out, this decision raises a fair question: how many gaps are too many? In In re Covidien Hernia Mesh Products Liability Litigation, 2026 WL 1129617 (D. Mass. Apr. 27, 2026), the court considered a familiar lineup of expert opinions—general causation, specific causation, alternative design
When Choice of Forum Has No There There
This post is from the non-Reed Smith side of the blog.
If you’re going to forum shop, you still need a legitimate forum. That was the problem for plaintiffs in Rodriguez v. Thoratec Corp., 2026 U.S. Dist. LEXIS 88964 (N.D. Cal. Apr. 20, 2026). Texas and Arkansas residents brought suit in California over an
Res Ipsa Loquitor Can’t Save Benzene Class Action
Benzene-based consumer class actions are becoming almost routine. So are their dismissals on preemption grounds. It takes something a little different to make one stand out. The plaintiff in Leonard v. CVS Pharmacy, 2026 WL 986311 (N.D. Cal. Apr. 13, 2026), tried just that, invoking a res ipsa loquitur–type theory to plead “parallel”
Courts Get Proactive on AI: Disclosure, Certification, and Consequences
Artificial intelligence isn’t going anywhere. Experts use it. Opposing counsel use it. Clients use it – and want their lawyers to use it too. It is becoming an increasingly standard legal research, drafting, and case strategy tool. But as a couple of our recent posts (here and here) have pointed out—AI is far
Shameless Plug — Dechert’s 2026 Life Sciences Day
On April 28, Dechert will host its 3rd Annual Life Sciences Day, a half-day program for in-house counsel, executives, and investors. Featuring speakers from leading pharmaceutical and biotech companies, the program will deliver sharp insights on the legal, regulatory, and business challenges shaping the industry. Hear directly from practitioners on how to
No Path Forward for Nationwide Personal Injury Classes
As one court succinctly put it over a decade ago: “No federal appellate court has approved a nationwide personal injury, product liability or medical monitoring class.” Durocher v. NCAA, 2015 WL 1505675, at *10 (S.D. Ind. Mar. 31, 2015). That remains true today—and the plaintiff in Lester v. Abiomed, Inc., 2026 WL