Photo of Michelle Yeary

It’s a unique relationship based largely on knowledge and trust.  Doctor’s not only have to rely on their medical knowledge, but they need to apply that to their knowledge of the patient.  Knowledge that often develops overtime through trust.  Patients want and need to be able to trust their doctors.  Sometimes patients share information with

This is from the non-Reed Smith side of the blog.

Sometimes a protective order just isn’t enough.  As product liability defense attorneys, we are often faced with discovery requests for highly sensitive trade secret information.  Plaintiffs’ counsel tend to think that a confidentiality or protective order is a cure-all that should allow companies to throw

In what’s a bit of a mixed bag decision, the ultimate takeaway from Bird v. Globus Medical, Inc., 2020 WL 5366300 (E.D. Calif. Sep. 8, 2020) is that the complaint was generally lacking.  So, plaintiff is going to get a second chance.  Meanwhile, we can take a look at just what wasn’t up to

That’s how Maryland’s highest court chose to characterize its gradual move from Frye to Daubert – a drifting process.  Like the way the ocean drifts ashore as the tide is rising.  Creeping a little higher, each wave covering and absorbing a little more of the beach.  As it slowly inches toward your chair where you’re

We love to read opinions that reach conclusions in a direct and precise manner (more so when we agree with the conclusion).  There is a certain skill in using simple language to convey complex ideas.  In this blogger’s opinion, nobody does it better than Hemingway.  That’s not really going out on a limb; using a

There is no reasonable basis to remand Cazares v. Ortho El Paso, P.A., 2020 WL 4562231 (W.D. Tex. Aug. 7, 2020) because there is no reasonable basis for plaintiff’s strict liability claims against a hospital.  And that is sufficient.

That, however, is not what the magistrate who first ruled on plaintiff’s motion to remand

When we last left our story, plaintiffs had lost their fight to have Pennsylvania law apply to residents of Texas ( Atkinson I) and lost a chunk of their claims as barred by the Texas statute prohibiting failure to warn claims where a drug’s label has been approved by FDA and comment k (