This post is from the non-Reed Smith side of the blog.
Or maybe we should say the court cooked up a particularly nasty version of Cincinnati Chili.
The mesh case of the week, Perry v. Ethicon, Inc., 2022 U.S. Dist. LEXIS 56268 (S.D. Ohio March 29, 2022), is the worst sort of judge-made law.
“That which we call a rose by any other name would smell just as sweet.” William Shakespeare uses this line in his play Romeo and Juliet to convey that the naming of things is irrelevant. We may not always agree with that (for instance, this blogger is Washington Football Fan – enough said). But when
Coming off Super Bowl weekend, we have commercials on the brain. The big game has given us some of the most iconic ads and mascots of all time. From Budweiser alone we have the Frogs, Wassup!, and the Clydesdales. This year’s ads were full of celebrities, but that’s nothing new. McDonald’s had the Showdown with
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
Still more Zantac MDL dismissal orders.
Today’s installment grants dismissal of the plaintiffs’ medical monitoring claims, and also sheds some light on the questionable factual basis of everything being asserted in this MDL. As we’ve pointed out in our prior posts (such as this one), plaintiffs allege that the active ingredient in this drug
This post is from the non-Reed Smith side of the blog.
We posted last week about In re Valsartan, Losartan, & Irbesartan Products Liability Litigation, 2020 WL 7418006 (D.N.J. Dec. 18, 2020), a decision that came in just time to take a sport on our Worst of 2020 post. Just as we were
In what’s a bit of a mixed bag decision, the ultimate takeaway from Bird v. Globus Medical, Inc., 2020 WL 5366300 (E.D. Calif. Sep. 8, 2020) is that the complaint was generally lacking. So, plaintiff is going to get a second chance. Meanwhile, we can take a look at just what wasn’t up to
The plaintiffs’ allegations in In re MDL 2700 Genentech Herceptin (Trastuzumab) Marketing & Sales Practice Litigation, ___ F.3d ___, 2020 WL 2781287 (10th Cir. May 29, 2020), weren’t safety related. Rather, they sought damages for purely economic loss because the way the vials of Herceptin (a prescription biologic) were filled allegedly resulted in most
Every day our inbox overflows with legal news aggregation emails. Some of the items are useful. Some must have been authored by Captain Obvious. Some are irrelevant to our practice. We would have thought that comfortably residing in that last category are discussions of the burgeoning marijuana field. The “Week in Weed” and other such
Before Bryan Cranston was Walter White, terminally ill chemistry teacher turned murderous meth manufacturer; before he was Hal, the clumsy and loving husband on Malcolm in the Middle – he was Tim Whatley. Jerry Seinfeld’s re-gifting dentist who converted to Judaism just “for the jokes.” So affronted is Jerry for his profession, that Kramer –