So said the Connecticut state appellate court last week. It’s a pretty simple equation. Like No shoes, no shirt, no service. No pain, no gain. No risk, no reward. In other words, you can’t get one without the other. In Ferrari v. Johnson & Johnson, Inc., — A.3d —, 2019 WL 2167849
California Court Embraces Hindsight Claims
We all know hindsight is 20/20. And, it’s easy. There are dozens of television and radio programs that thrive on Monday morning quarterbacking. There’s no risk in saying the coach should have called for a pass when you already know the run didn’t work. It’s also dangerous because it’s easy. People are often too quick
Statute of Limitations – Not Just Pretty Words
Anytime we start to write a post about a decision from New York, our heads start swimming in music lyrics. Rose trees never grow in New York City… Concrete jungle where dreams are made of… Living just enough for the city… Soon you will be on Sugar Hill in Harlem… I don’t care if it’s
Farewell and Adieu
Today’s case in a nutshell is the dismissal on forum non conveniens grounds of a claim brought in the United States by a woman from a Spain. We didn’t need to read beyond that blurb before we started hearing . . .
Farewell and adieu to you, fair Spanish ladies,
Farewell and adieu to you,
Washington Blocks Attempt to Dodge Generic Preemption Rules
This post is from the non-Reed Smith side of the blog.
This blogger is just returned from Ireland where we toured castles and abbeys, drove through amazing landscapes on tiny roads with hairpin turns (can’t say enough about Connemara except that everyone should go), sang about Molly Malone and the Fields of Athenry, visited a
Hard to Stay Ahead of the Wins . . . Good Problem to Have
In this age of scrolling news, headline news, pop-up news, instant alerts – it’s tough to stay current. For instance, if you were getting Masters updates on Sunday, the last few hours of lead changes, dropped strokes, balls in the water on 12, and nearly every swing Tiger made on the last 4 holes probably
A Generic Drug Failure to Warn Claim?
No. It can’t be. PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011) took care of that. Just look at our generic preemption scorecard – the proof is there. The warnings on generic drugs must be the “same” as those on branded drugs. Generic drug manufacturers cannot unilaterally alter, amend, or change any warning and
Another Fraudulent Joinder Win in the Third Circuit
It’s very hard to win a fraudulent joinder motion on the merits and thus keep a case in federal court. In fact, when we looked back at the topic on the blog, our last post on the issue was over one year ago. And the two posts before that were from the Third Circuit
Federal Preemption KOs Economic Loss Claims in Biologics MDL
Making its presence felt as an early contender for a 2019 Top Ten DDL case, it’s In re: Genentech, Inc., Herceptin (Trastuzumab) Marketing and Sales Practices Litigation, 2019 WL 1284176 (N.D. Okla. Mar. 20, 2019). The challengers came in swinging, but they were no match for federal preemption. Down go plaintiffs! (We hear that
Plaintiffs Get to Keep Windfall Damages
Skin in the game. Horse in the race. Dog in the hunt. Whatever “it” is – we don’t have “it” in today’s case. Ansley v. Banner Health Care is a suit brought by plaintiffs who had received damages awards for injuries that required treatment at various hospitals seeking to enjoin those hospitals from enforcing liens