We are not going to beat around the bush today. When we see a “prediction” of an “expansion” of state law by a federal court, we have only one question. What about Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938)? That should have been a front and center question for the court
Defense Win in Massachusetts*
Make no mistake about it – the result of Dunn v. Genzyme Corp., 2021 Mass LEXIS 84 (Mass. SJC Jan. 29, 2021) – is what we want. Dismissal of all of plaintiff’s claims for failure to plead them with the necessary factual support. But sometimes results need context and sometimes that context is not
Ninth Circuit Upholds Preemption Where Defendants Followed the Rules
Sometimes it really is as easy as A, B, C or as simple as 1, 2, 3. Where the FDA has set specific rules for the type of labeling claims a manufacturer can make and the manufacturer abides by those rules, claims by plaintiffs seeking to require something different are preempted. Just like do, re,
A Better Valsartan Decision
This post is from the non-Reed Smith side of the blog.
We posted last week about In re Valsartan, Losartan, & Irbesartan Products Liability Litigation, 2020 WL 7418006 (D.N.J. Dec. 18, 2020), a decision that came in just time to take a sport on our Worst of 2020 post. Just as we were
Defensive Personal Jurisdiction Discovery – Why Not?
Sometimes it can be easy to believe that a random thought can conjure a real-life response. Such as when you imagine yourself taking a vacation to someplace warm and tropical (not at all brought on by mid-January temps in the Mid-Atlantic) and suddenly every other commercial you see has a palm tree, a hammock, and
A Most Disappointing Declaration from Georgia
This post is from the non-Reed Smith side of the blog.
Dear Readers,
The tone of today’s missive may be slightly more formal than most. For you see, as a result of binge watching Bridgerton on Netflix, the written word is being narrated in our head by the incomparable Julie Andrews. We so greatly esteem
Deadlines Matter (for Shipping and Discovery)
It’s crunch time people. No more browsing. No more pondering. No more scrolling. Pick something and buy it. More importantly, you need to ship it. You may not be able to see all of your family this year, but you still want to make sure your gift makes it under their tree. If so, today
Don’t Pass Go, Don’t Collect $200
In this blogger’s family, Monopoly is cutthroat. No freebies. No passes. I own it, you land on it – you pay. Can’t pay, take a mortgage. We play to bankruptcy. Being from New Jersey we are partial to the original based on the streets of Atlantic City. But we’ve also owned the Star Wars edition,
You Can Lead a Plaintiff to Water
Sometimes discovery can feel like a four-letter word. Take your pick – hunt, seek, find, dump, onus, cost(ly). When we are talking about responding to interrogatories and document requests, we can add a few more – dull, drag, bore . . . In other words, it’s not the most exciting part of litigation. But the
Florida’s Long Arm Statute Didn’t Reach Successor Company
This post is from the non-Reed Smith side of the blog.
Talking about being “at home” has a new meaning this year and no doubt we all would really enjoy some changed scenery about now. This blogger used the Thanksgiving holiday weekend to merr-ify her surroundings. Allowing decorating for the holidays to spill over into