This post is from the non-Reed Smith side of the blog.
One would assume the title of this post to be a given. Afterall, the crux of a fraud claim is that the consumer was deceived or misled in some way. Therefore, truthful and accurate statements should not be grounds for consumer fraud claims. But
The Xarelto personal injury claims settled in 2019 after six bellwether trials all ended with defense verdicts. What remained, until now, were several third-party payor (health insurers, “TPPs”) actions that have been dormant for almost six years. Despite the passage of time, the motions before the court in 2021 were to dismiss under Rules 12(b)(6)
In the movie Thank You for Smoking, lobbyists for the tobacco, alcohol, and firearm industries got together periodically at a DC watering hole to swap stories about the challenges of representing unpopular clients under increasing scrutiny by the federal government. Hilarity ensued, along with some other stuff we do not remember very well. Of course,
Pet owners are among this blog’s readers (and writers) so every once in a while we check in on the law governing drugs used to treat animals. Yes, such drugs are governed by the FDA. And yes, there can be something approximating or adjacent to preemption applying to such animal drugs. But not always.
Van
“Remembrance of things past is not necessarily the remembrance of things as they were.” – Proust
The lesson of today’s case, Racies v. Quincy Biosciences, LLC, 2020 WL 2113852 (N.D. Cal. May 4, 2020), is worth remembering. Litigation can turn on recollections, and they can be fragile. (That is undoubtedly why documents end up
Truly unique cases are, well, unique. Most cases involve variations or combinations of cases we have seen before. Sometimes you get different results between two decisions on basically the same case with a single fact different. In February, we posted on an Eastern District of Pennsylvania decision on a motion to dismiss in a case
Here comes another one of those “mixed bag” cases and, being in the bag for the defense side, we are determined to emphasize our favorite parts of the bag, In O’Neil v. Argon Med. Devices, Inc., 2020 U.S. Dist. LEXIS 26043 (NDNY Feb. 13, 2020), the plaintiff sued because her IVC filter could not
Patchwork is a type of needlework that involves sewing together pieces of fabric into a larger design, usually based on some repeating pattern. The fabric pieces can be different shapes and different colors that are then pieced together. Evidence of patchwork was found in Egyptian tombs. We tend to think of it more in terms
There is an exhibition at the National Museum of the American Indian in Washington DC showing a warrior with eyes on the back of his head and a blank, eyeless face on the front. That odd image reflects the profound truth that we have seen what has already happened but are blind to the future.
From our days as a prosecutor, we built up a healthy respect for the power of conspiracy claims. They can be a splendid tool for dragging in more defendants, beating the rule against hearsay (coconspirator statement exception), beating the statute of limitations (a continuing conspiracy can bring even old statements up to date), and telling