Today’s guest post is by Kevin Hara, of Reed Smith, who is pinch-hitting for Steve Boranian. His post today discusses the Texas Supreme Court’s procedural reversal of a lower court’s refusal to hear an interlocutory appeal concerning application of a Texas distributor immunity statute arising in the context of an FDA-regulated drug. The
This post is off-topic – it has nothing to do with prescription medical product liability litigation, or even the law. Bexis recently took a vacation on the island of Kauai, in Hawai’i, for the sixteenth time. He hiked, for the tenth time, the first two miles of the Kalalau Trail, to Hanakapiai Beach. That’s nice
Early Bird pricing may be history, but the good news is the 2026 Drug and Medical Device Seminar is shaping up to be anything but ordinary. If you like smart people, sharp ideas, and a little Boston energy, you’re in the right place.
What’s New and Big This Year
From May 20–22 at The Westin
On April 28, Dechert will host its 3rd Annual Life Sciences Day, a half-day program for in-house counsel, executives, and investors. Featuring speakers from leading pharmaceutical and biotech companies, the program will deliver sharp insights on the legal, regulatory, and business challenges shaping the industry. Hear directly from practitioners on how to
If you do the kind of law that we on the Blog do, you don’t want to miss this. Registration for the 2026 DRI Drug and Medical Device Seminar is officially open, and Early Bird pricing disappears on April 6. Waiting means paying more, up to $700 more, for the exact same experience. If
Revenue” Never Actually Received
Today’s guest post, by Reed Smith’s Paul Melniczak and Erin Apsokardu, is a little different. It’s not about product liability, but rather about a state tax issue with the potential for saving drug companies substantial sums. Since a dollar is a dollar, whether it is saved from bogus product
The Supreme Court recently issued a unanimous decision resolving a circuit split on an important question of federal subject matter jurisdiction: Whether a district court’s erroneous dismissal of a nondiverse party before final judgment can cure a jurisdictional defect that existed when a case was removed to federal court. You might think this is a
To all in-house counsel working in the pharmaceutical, medical device, biotech, and digital health industries: if you can use a few CLE hours, we invite you to attend Reed Smith’s annual Virtual Health Care Week, taking place from March 16 through March 19, 2026.
This four-day all-remote event will explore recent developments, challenges, and opportunities
Since the beginning of the Blog, we have shilled for only one product: Bexis’ “Drug and Medical Device Product Liability Deskbook” (published by Law.com and updated twice annually). While Bexis is continuing the blog in 2026 (after he turned 70), he is not continuing to update this treatise. Frankly, it’s a lot of
Here in the United States, Lawyers for Civil Justice (LCJ) encourages lawyers to Ask About TPLF, also known as third party litigation funding.
LCJ and others are advocating for an addition to the Federal Rules of Civil Procedure that would require litigants to disclose the involvement of litigation funders in cases, just like