Even a meritless lawsuit can impose an enormous burden on a company. There is the ridiculous expense, of course. Legal fees and other costs of defending a lawsuit can easily add up to more money than most juries award to plaintiffs. Some of those costs can be indirect but profound. Employees who would prefer to
Today’s case – Smith v. Hi-Tech Pharmaceuticals, Inc., — S.E.2d –, 2022 WL 2285920 (Ga. Ct. App. Jun. 24, 2022 — does not break new ground. But it is a published decision by a state appellate court and for that reason, it deserves some attention.
Plaintiff, a resident of Washington, DC, brought a single
This post is from the non-Dechert side of the blog.
From the first time that we discussed Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), and the related MDL concept of Lexecon waivers, we’ve been plenty leery of defendants in cases transferred into multidistrict litigation waiving their retransfer rights
We aren’t going to beat around the bush today – the facts of Paulsen v. Abbott Laboratories, 2021 WL 4439408 (N.D. Ill. Sept. 28, 2021) are straightforward and so too will we be. This case is largely about the chronology, so here it is:
Sooner or later we knew it would happen. The law on general jurisdiction by consent has been developing very favorably – maybe even too favorably. Since Daimler AG v. Bauman, 571 U. S. 117 (2014), almost every appellate decision (including every state court of last resort and federal circuit court) has rejected general jurisdiction
This post is from the non-Reed Smith side of the blog.
Dear Readers,
The tone of today’s missive may be slightly more formal than most. For you see, as a result of binge watching Bridgerton on Netflix, the written word is being narrated in our head by the incomparable Julie Andrews. We so greatly esteem
In very general terms, posts on specific court opinions fall into three categories: 1) ones we think are correct, 2) ones we think are incorrect, and 3) ones we think are mixed bags. Not terribly profound. Digging a bit deeper, we sometimes pick cases to discuss because we feel the need to vent about the
The decision in In re Bard IVC Filters Products Liability Litigation, 969 F.3d 1067 (9th Cir. 2020) (“Booker”), is yet another reminder that multidistrict litigation as it is currently conducted is a fundamentally flawed process, dedicated more to forcing settlements than to any of the goals envisioned by Congress when it passed
This is a quick-hit post bringing you two first-of-their-kind orders on proving causation in cases alleging inadequate drug or medical device warnings. In orders applying Georgia’s and Delaware’s versions of the learned intermediary doctrine, two different federal courts have held that a plaintiff alleging inadequate warnings cannot meet his or her burden of proving causation
This post is from the non-Reed Smith side of the blog.
It’s not a long decision – but there’s still a lot to it. Maybe that’s because there wasn’t a lot to plaintiff’s complaint. Regardless, Sharp v. St. Jude Medical, S.C., Inc., 2019 WL 3821895 (N.D.GA Aug. 14, 2019) makes some key defense rulings.