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There’s more than one way to cook an egg.  And, there’s more than one way to dismiss a case. In Bennett v. Teva, the district court decision was based on preemption.  The Third Circuit took a different route basing their dismissal on TwIqbal.  While we would have preferred an appellate win on preemption

Today is sort of a twofer Tuesday.  We have two cases, but only one issue.  So, maybe it’s more of a two-for-one deal.  There is also one general takeaway – it pays to look at state-specific defenses to state-specific claims.  For example, the privity requirements in North Carolina make it extremely difficult to bring a

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

Mismatch your socks – you’re bold.  Mismatch your shoes – you’re frazzled.  Mismatch plates on a dining table – your creating ambience.  Mismatch your pizza with pineapple – well don’t knock it until you’ve tried it.  Treat the law like it’s your socks

While two-fer Tuesday has that nice alliterative ring to it – three-fer Tuesday gives you more bang for your buck.  Pleadings, preemption, and personal jurisdiction.  Maybe trifecta-Tuesday?

Plaintiff in Froman v. Coopersurgical, Inc., 2022 US Dist LEXIS 120725, *2-3 (N.D.AL Jul. 8, 2022) filed her complaint alleging that she suffered an injury when a