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We know the real quote attributable to Bill Gates is “content is king,”  But as communications continue to become shorter and more compressed, context can get lost in the shuffle; and context as much as content, drives our knowledge and interactions.  So, when the court in Henry v. Nissin Foods (U.S.A.) Co., opined that

Second chances, sure.  Two bites at the apple, we see it all the time.  Three strikes before you are out, fairly common.  But a fourth amended complaint to cure basic pleading deficiencies?  That seems overly generous by any standards.  Well, almost any standards because that is what plaintiff got in Greenwood v. Arthrex, Inc.

Today’s message is a reminder that specific personal jurisdiction is just that – both specific and personal.  That means plaintiffs can’t group plead their way around personal jurisdiction lumping parents and subsidiaries together.  Plaintiffs must identify each defendant’s individual role in causing the alleged harm.  If plaintiffs seek to impute the jurisdictional contacts of one

Just last week we updated our discussion on the 2023 amendments to Rule 702 urging our readers to start using the amendments now before their official implementation in December.  That’s because the Report of the Rules Advisory Committee confirms that the change to Rule 702 is to correct the mistakes of those courts who have

That seems like it should be an obvious statement.  FDA regulations draw important distinctions between brand drugs and generic drugs.  A manufacturer seeking FDA approval of a new drug must prove safety and efficacy involving expensive and lengthy clinical trials.  Once approved, that drug becomes the reference list drug.  If a manufacture wants to market

For many years, the “one-two punch” was our affectionate label for post-Mensing cases that prevent innovator liability and preempt generic liability.  But it’s been several years since we’ve used the expression this way because it was so effective in knocking out those cases, we just aren’t seeing them like we used to. 

Almost a year ago we wrote a post called Learned Intermediary – Not Just for Failure to Warn about a California putative economic loss class action that was dismissed for failing to plead any allegations about whether the drug manufacturer had adequately warned plaintiff’s prescribing physician.  Fast forward about 9 months and we posted about

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

Federal Rule of Civil Procedure 8(a)(2) requires that a complaint contain “a short and plain statement of the claim, showing that the pleader is entitled to relief.”  TwIqbal requires a complaint contain sufficient facts to make the claim for relief “plausible on its face.”