Did you ever wish there was a way to get a definitive answer to those age-old issues that have been plaguing humans since the beginning of time? Like — is it worse to fail at something or never attempt it in the first place? Or — does nature shape our personalities more than nurture? What
First, we apologize to our readers for not publishing this post earlier. It contains new information that we’ve known about for a couple of weeks, but we felt we had to keep it under wraps temporarily until Bexis filed an amicus curiae brief (last Friday) in one of the cases we discuss. Just as we
Last year was a banner year for removal before service, with both the Second and Third Circuits weighing in to support application of the removal statute according its terms, thereby giving their blessing to the so-called “snap” or “wrinkle” removal practice that this Blog has advocated for a decade. See Gibbons v. Bristol-Myers Squibb Co.
This message is directed primarily to our overseas readers, and those who represent non-United States drug and medical device companies. Under FDA registration regulations, non-United States manufacturers (and other regulated companies) that import their regulated products into this country are required to appoint a domestic “agent” for regulatory purposes:
(i) Registration of foreign establishments
(1)
Last year, we posted about Pennsylvania going off the personal jurisdictional “deep end” in Hammons v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. 2018), and Webb-Benjamin, LLC v. International Rug Group, LLC, 192 A.3d 1133 (Pa. Super. 2018). Well, unfortunately they’re still at it, and we’re afraid that the result could well be
It’s very hard to win a fraudulent joinder motion on the merits and thus keep a case in federal court. In fact, when we looked back at the topic on the blog, our last post on the issue was over one year ago. And the two posts before that were from the Third Circuit
We’ve been chronicling the troubles that defendants have been having in getting Pennsylvania courts to follow the Due Process requirements of personal jurisdiction since Daimler AG v. Bauman, 571 U.S. 117 (2014). We lamented that Pennsylvania seemed to be going off the deep end while discussing Webb-Benjamin, LLC v. International Rug Group, LLC,
A year and a half ago we celebrated a rare prescription drug preemption win in the Philadelphia County Court of Common Pleas. Then the decision was appealed, and we held our breath. Preemption is never an easy sell in state courts, and Pennsylvania appellate courts are not exactly defendant friendly in prescription medical product liability
We have always had a soft spot for zebras. They are the equine world’s version of some of our favorite acquaintances — the ones who always dress a little outlandishly and always stand out from the crowd. (Fun facts: 1. Although most zebras have black stripes on a white background, a white-on-black specimen shows up
This post is from the non-Reed Smith side of the blog only.
We truly dislike decisions that find that claims of failure to report adverse events to the FDA are non-preempted, parallel violation failure to warn claims. Failure to report claims are not parallel. Federal law does not require warnings to plaintiff or her doctors.