This post is to update our readers about subsequent developments in matters covered in some of our prior blogposts.
First, slightly over a year ago we praised Gayle v. Pfizer, Inc., 452 F. Supp.3d 78 (S.D.N.Y. 2020), a prescription drug preemption decision holding, among other things, that a plaintiff could not claim “newly
Today’s case originated in the pelvic mesh MDL pending in the Southern District of West Virginia. Approximately one year ago, the matter was transferred to plaintiff’s home jurisdiction in Florida. Accompanying the case upon transfer was defendant’s motion for partial summary judgment on four of plaintiff’s claims. Plaintiff abandoned three of those claims (strict liability
We begin with a cautionary tale (with a happy ending) about life with an aging dog. Our vet estimates that one of our treasured Drug and Device Law Little Rescue Dogs is approaching 14. (We can’t know for sure, because she was found as a stray and dumped in a shelter.) She remains happy and
Today’s guest post is from Wendy Lumish and Daniel Rock of Bowman & Brooke. We sought them out because they wrote a successful amicus curiae brief in the case they discuss. That case is a major win for all Florida defendants, bringing Florida summary judgment practice into the Twenty-First Century. As always our guest
Along with Shakespeare’s plays and painfully plodding Victorian novels, there is a good chance that your western high school (or perhaps college) education included at least a smattering of philosophy. The line between political science and philosophy can be hard to draw—Kant, Hobbes, and Rousseau might be featured in classes under either heading, for instance—but
This post is from the non-Reed Smith side of the blog.
Talking about being “at home” has a new meaning this year and no doubt we all would really enjoy some changed scenery about now. This blogger used the Thanksgiving holiday weekend to merr-ify her surroundings. Allowing decorating for the holidays to spill over into
This year has seen a lot – and most of it would not fall into the positive category. The pandemic; severe wildfires in the U.S. and Australia; record setting tropical storms in the Atlantic; social unrest over police brutality; explosion in Beirut. Unfortunately, we could go on. Even more unfortunate is the fact that all
It’s a case that pre- and post-dates the IVC Filters MDL– Ocasio v. C.R. Bard, Inc., 2020 WL 3288026 (M.D. Fla. Jun. 18, 2020). In fact, this case got through summary judgment and Daubert rulings in Florida before being transferred to the MDL in Arizona in 2015. Upon its return to Florida, only two
. . . .And a few other claims too. But the punitive damages decision jumped out at us as something we don’t see that often. In fact, the court in Nunez v. Coloplast Corp., — F.Supp.3d –, 2020 WL 2561364 (S.D. Fla. May 20, 2020) only had conflicting precedent to go on. But to
We are just going to dive right into it today. Because in a world where the rules and the situation are in such a state of flux and unknown, a little taste of something familiar is reassuring. Such as – no causation, no case. That’s tried and true. Music to our ears every time. So,