This is from the non-Dechert and non-Reed Smith side of the Blog.
We are not bankruptcy lawyers. So, even though we are discussing a Supreme Court decision on the powers of a bankruptcy court, we are not purporting to be experts in that area. The decision, of course, is Harrington v. Purdue Pharma L.P.
Back in 2008, when Blog was less than two years old, we wrote a practical post entitled “Defense Amici – One Stop Shopping.” It arose from blogposts we wrote examining the arguments made by defense-side amici curiae in the Riegel, Kent, and Levine (twice) cases then pending in the
For design defect claims, a key issue is whether the relevant jurisdiction requires evidence that a suitable alternative design existed that would have allowed the plaintiff to dodge the alleged injury. This blog has posted at length about alternative design requirements and their nuances. These posts address everything from the existential question of “What
Last July we published a “Here’s Hoping” post that maybe the terrible decision in Atchley v. AstraZeneca UK Ltd., 22 F.4th 204 (D.C. Cir. 2022), allowing drug companies to be sued for purportedly “aiding and abetting” international terrorists (see our takedown of Atchley here), would fall in light of the Supreme Court’s
Remember the case we told you about last week where the court shutdown plaintiff’s attempt to use non-mutual offensive collateral estoppel? Well, that wasn’t that plaintiff’s only loss that week. In a companion decision, the court also rejected plaintiff’s attempt to use Federal Rule of Civil Procedure 43(a)’s remote trial testimony rule to skirt the
We all know that getting it right isn’t as easy as it sounds. Straightforward application of established law ought to be simple. If only it were so. Today’s decision gets it right, and we’re happy to report on Wilhite v. Medtronic, Inc., 2024 WL 968867 (N.D. Ala., Mar. 6, 2024).
Wilhite involved allegations that
Plaintiffs in mass tort drug and device litigation do not like to focus on the individual cases. They like to amass the individual cases. They like to file the individual cases. But as we see all too often those filings tend to be indiscriminate and without the benefit of proper early vetting. That is what
If at first you don’t succeed . . . re-urge. That’s the word the MDL court used in In re: Taxotere (Docetaxel) Products Liability Litigation, 2024 WL 718698 (E.D. La. Feb. 21, 2024). Defendants urged, re-urged, and again re-urged the court to enter a Lone Pine Order. And after four years of re-urging, the
For any of our loyal readers looking to start the New Year with a healthy helping of CLE credit, a friendly reminder that four of your bloggers – Bexis, Steven Boranian, Stephen McConnell, and Lisa Baird – will be presenting a free 90-minute CLE webinar on “The good, the bad and the ugly: The best
On February 6, Dechert is proud to host the 2024 Life Sciences Day, an interdisciplinary program designed for in-house counsel, chief officers, and strategic investors. This dynamic half-day event will feature expert panels discussing key issues in the life sciences sector and include speakers from leading pharmaceutical and biotech companies.
Our panelists will