There’s a saying that “everyone is entitled to their day in court.” Fair enough. But, to have your day in court, you have to have standing. While the requirements for standing vary from jurisdiction to jurisdiction, all courts require a plaintiff to have suffered an injury in fact. Afterall, the entire idea
The word of the day is targeted. Targeted discovery on a targeting device and a district court laser-focused on the failure to warn causation target. The end result is a decisive defense win on failure to warn. See In re Biozorb Device Prods. Liab. Litig., 1:23-cv-10599-ADB, No. 1:22-CV-11895-ADB, 2025 WL 509834 (D. Mass. Feb.
Before we dive into today’s case, Avrin v. Mentor Worldwide LLC, 2024 WL 115672 (C.D. Cal. March 15, 2024), we offer two preliminary observations:
1. We love to hear from our readers. Sometimes we get emails commenting on a post. Often, those comments arrive in the form of gushing reviews. That’s nice. Less often
The pelvic mesh remand hits just keep coming. We like Shostrom v. Ethicon, Inc., 2022 U.S. Dist. LEXIS 55748 (D. Colorado March 28, 2022), because it hammers some ubiquitous plaintiff mesh experts and because it finds a way to depart from an awful MDL ruling. The fact that the opinion comes at the expense
It’s a unique relationship based largely on knowledge and trust. Doctor’s not only have to rely on their medical knowledge, but they need to apply that to their knowledge of the patient. Knowledge that often develops overtime through trust. Patients want and need to be able to trust their doctors. Sometimes patients share information with
Today’s case is about the clash between these two basic rules. Before we get to the rules, we look at how we get there. A standard defense discovery request in any personal injury litigation is: how much are your medical bills? This is routinely followed by: do you have any medical liens, and if so
Like most of you, and like our co-bloggers (from whom you will hear similar laments this week) we are in the midst of “social distancing.” We have locked down our home, begun an indefinite period of working remotely, ordered a case of boxed macaroni and cheese, and fielded emails cancelling an inordinate number of long-awaited
Personal jurisdiction being a key issue for us here at DDL Blog, we’ve talked a lot about the “minimum contacts” needed to establish jurisdiction over an out-of-state defendant. Not many cases, however, analyze the two specific jurisdictional tests for minimum contacts. That’s likely because in most cases, it doesn’t make a difference whether you use
This post is from the non-Reed Smith side of the blog.
In our post earlier this week “No Causation, No ‘Parallel Claim’” we examined the enormous causation hurdle plaintiffs face in trying to prove a Stengel or Hughes type failure to warn claim in those jurisdictions where such a claim has been found
Back in October, all of the Philadelphia Reed Smith bloggers participated in an in-house CLE presentation attended by colleagues and clients. Our portion of the presentation dealt with third party litigation funding. There are several different funding models, but all are united by a common theme: funding companies, aided by plaintiffs’ lawyers, identify vulnerable litigants