You’ll find any number of places on this blog where we argue emphatically that FDA warning letters are far from final and therefore should not be able to be used in products liability actions. See here for our latest post on the issue (which also collects our other posts). These posts cite case law, FDA
When California Law Doesn’t Apply
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
What a Difference a Year Makes (Or Not)
As we approach the end of the year, we turn to reflecting on the events of the passing year. We do it here on the DDL blog with our best of and worst of posts. It is often a time to consider just how much (or how little) was accomplished in the course of a
Not All California Trial Rulings Are Horrible
Sort of like hail in Alabama. It happens, but when it does it’s an event. Not like say picking a perfect NCAA March Madness bracket (1 in 2.4 trillion). Maybe more like the chance of getting struck by lightning in a lifetime (1 in 13,000). In any case, a California trial court decision finding no
Illinois Court Applies Mensing/Bartlett to Generic OTC Drug
This post is from the non-Reed Smith side of the blog.
If you know this blog, you know we leave no stone unturned when it comes to preemption. As far as we know, Greager v. McNeil-PPC, Inc., 2019 WL 5549524 (N.D. Ill. Oct. 28, 2019) is a preemption issue of first impression. Plaintiff alleged she
What is Past is Prologue for Personal Jurisdiction (or maybe it’s Not?)
The actual words written by Shakespeare and spoken by Antonio in The Tempest are “Whereof what’s past is prologue.” Antonio is trying to convince Sebastian to murder his father the king and take the crown for himself. When Shakespeare wrote these words, he intended Antonio to convey to Sebastian that everything that had happened in
Consulting an Attorney Triggers Statute of Limitations
A complaint is a plaintiff’s opening argument. It has to contain enough substance to get plaintiff out of the gate. Plaintiff doesn’t have to necessarily prove anything in his complaint, but he has to have factual support to back up what he hopes to prove. Logically, any fact added to a complaint is intended to
Eleventh Circuit Allows Trial by Ambush and Bad Science
We aren’t pulling any punches. We think Taylor v. Mentor Worldwide LLC, — F.3d –, 2019 WL 4941936 (11th Cir. Oct. 8, 2019) is a candidate to be one of this year’s DDL Blog bottom ten cases. Not only was plaintiff’s expert allowed to change his opinion at trial, plaintiff was allowed to
Defendants Bat .400 in Gadolinium Case
The last baseball player to reach a .400 batting average for a season was Ted Williams in 1941. In a sport that probably keeps more stats than any other, baseball sees records broken and milestones reached all the time. Some marks, however, appear to be set in stone. One of these is Ted Williams’s 1941
PMA Preemption Win That Checks All the Boxes
Did you ever read something and think – I couldn’t have said it better myself. Sometimes we read opinions that give us just that feeling. A decision that ticks all of the boxes and leaves us wondering why everybody doesn’t see how easy it is to reach the right conclusion. Brooks v. Mentor Worldwide, LLC