We are all familiar with the phrase—the rules are the rules. Meaning, rules should be enforced consistently, regardless of personal circumstances. Essentially the opposite of—rules are made to be broken. Meaning, exceptions to the rules abound. The law is full of both the former (strict adherence rules) and the latter (loose
Here is the latest guest post from our Reed Smith colleague, Kevin Hara. He examines whether a prevailing party in litigation can recover, as “costs,” the expenses of witness depositions conducted remotely – a question that has arisen with increasing frequency since the COVID-19 pandemic prompted a general trend towards use of remote depositions. Since our clients could be on either side of this issue, Kevin’s research addresses both sides. As always, our guest bloggers deserve all the credit (and any blame) for their efforts.Continue Reading Guest Post – Are Remote Deposition Costs Recoverable by the Prevailing Party? Maybe, Yes, Maybe, No.
This is my first post as a new member of the Drug & Device Law team. Like many of you, I’ve been a consistent reader of the blog for years and I rely on it regularly. I remember talking with Jim Beck and Mark Herrmann many years ago when the blog was just getting started (pretty sure it was 2006). Now here we are. I’m a partner with Butler Snow LLP’s Pharmaceutical, Medical Device and Healthcare practice, and I’ve focused my practice on mass torts for almost my entire career. I’m excited about contributing to the blog and welcome any comments. Now on to business.
MDL discovery is inevitably burdensome on defendants, and the challenges defendants face in attempting to limit the scope of MDL discovery are exponentially more difficult than in single plaintiff cases. Throw a few hundred cases together in an MDL, and courts seem much more willing to view the scope of permissible discovery through a vastly broader lens. So we read with interest decisions that limit discovery, place some of the burden on the plaintiffs, or—even better—implement cost shifting and require the plaintiffs to pay for some or all of what they seek in discovery.Continue Reading Cost Shifting in the Tasigna MDL