There is a reason the one-two punch – a jab followed by a cross – is one of the most common sequences in boxing. It’s effective. The boxer uses his lead hand to throw a jab which has two objectives – to assess the distance between the fighters and if done correctly to lift his
Neither the Malfunction Theory Nor Res Ipsa Loquitur Excuses Failure to Offer Expert Evidence of a Manufacturing Defect
By their very nature, prescription only medical devices—particularly those that require surgical implantation—are complex products, the design and manufacture of which are not lay person knowledge. So, if you are going to claim such a device malfunctioned, you are going to have to prove it with expert evidence. This is a well-known legal concept. Yet
District of New Jersey Shuts Down Abusive Discovery in Allergan Biocell MDL
This post is from the non-Reed Smith side of the blog.
We live in a “producer-pays” world. Our discovery system gives plaintiffs a windfall by allowing them to demand production of millions of dollars’ worth of documents and data and to impose those costs almost entirely on defendants. Now think about that in MDLs. Plaintiffs
Abandoned Class Action Does Not Confer Class Action Tolling
That concept does not feel like it should be controversial in any way. Afterall, at the heart of class action tolling of the statute of limitations, as announced in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), is there must be a pending class action. But the concept gets a little
The Uniform Judicial Notice of Foreign Law Act — Who Knew?
Certainly not us. We had never heard of the UJNFLA before today and would likely have thought it was a reference to United Joggers of Northern Florida as much as to a Uniform Act promulgated in 1936 which, based on some quick research, was adopted by at least twenty-eight states, including Indiana where it is
E.D. Texas Manages FCA Mischief — Again
Sometime last year, one of our esteemed bloggers wrote: “The qui tam provision of the FCA, which permits private plaintiffs – sorry, relators – to steer FCA claims presents marvelous opportunities for mischief.” We couldn’t have said it any better, so we won’t try. Moreover, mischief makes us think of the Marauder’s Map (Harry
Good Things Come to Those Who Wait
And patience is a virtue…all great achievements require time…trust the process. All easier said than done. Waiting can be a breeding ground for discouragement or frustration—like in litigation where, unfortunately for defendants that waiting usually comes at the significant cost of having to defend against and conduct discovery. Especially when the result after all
Shameless Plug — Dechert’s 2025 Life Sciences Day
On March 5, Dechert is proud to host 2025 Life Sciences Day, an interdisciplinary program designed for in-house counsel, chief officers, and strategic investors. This dynamic half-day event offers a fantastic opportunity to network with industry leaders and delve into the latest trends and insights shaping the life sciences sector.
The event will
D. Mass Finds Pre and Post Approval Failure to Warn Claims Preempted
Prescription drug warnings require FDA approval which dictates what the manufacturer can say in the product’s labeling. An exception to the FDA-approval rule is the Changes Being Effected (CBE) regulation which allows a manufacturer to unilaterally change a drug’s warnings “to reflect newly acquired information” and where the revision would “add or strengthen a contraindication
Knowing is Half the Battle . . . At Least for Learned Intermediaries
We hope we have some 1980s cartoon fans out there who will remember that G.I. Joe ended each of his cartoons with a PSA – “Now you know. And knowing is half the battle . . .” The PSA was usually about something dangerous kids did unintentionally—like running out into traffic. The idea was