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While the focus of this blog is on product liability cases, we have had occasion to touch upon Lanham Act cases involving litigation between commercial competitors.  One reason is because Lanham Act cases provided significant early precedent for the principle that FDA exclusive enforcement powers prohibit plaintiffs from bringing what amount to private FDCA violation

We all know that absent extraordinary circumstances, failure to warn claims against generic drug manufacturers are preempted under PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011).  But as far as we are aware, no other court has been asked to decide whether that same preemption applies to cross-claims for contribution or indemnity.  Until now.

This post is solely by the non-Reed Smith side of the Blog.

There are lots of great pairings.  Bud Abbott and Lou Costello.  Paul Simon and Art Garfunkel.  Michael Jordan and Scottie Pippen.  Michael Scott and Dwight Schrute.  Rum and coke.  Chocolate and peanut butter.  Chocolate and pretzels.  Chocolate and strawberries.  Chocolate and wine.  We

It’s pretty easy to find well-known references to home.  Home is where the heart is.  Home Sweet Home.  Homeward Bound. Lassie Come Home.  ET phone home.  Home is meant to strike up feelings of warmth, safety, happiness.  No wonder it’s all over our songs, movies, and television.  And, perhaps at no time more so then

We’d like the answer to that question to be – most of the time.  But that’s too much to hope for.  After all, lawsuits are brought in California.  With its plaintiff-friendly laws, indeed, California is an often sought after venue by mass tort products liability plaintiffs.  But, according to a recent California appellate court