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3 Sep 2015, 6:36 am
[w]ere ambiguous, and the Court d[id] not find that they [we]re”); James T. [read post]
24 Aug 2015, 5:00 am
McNeil Consumer Healthcare, 615 F.3d 861 (7th Cir. 2010); In re Fosamax, 951 F. [read post]
13 Aug 2015, 10:56 am
  “[W]hen a party cannot satisfy its state duties without the Federal Government’s special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for preemption purposes. [read post]
29 Jun 2015, 1:28 pm by Hannah Kiddoo
Melton of Dallas; Marvin Zimmerman of San Antonio; Vincent W. [read post]
20 Mar 2015, 9:16 am
Ortho-McNeil-Janssen Pharmaceuticals, Inc., No. 2012-206987, 2015 WL 775094 (S.C. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
18 Jul 2014, 11:55 am
This post is only from the Reed Smith (more properly, the non-Dechert) side of the blog.One hundred what, you say? [read post]
23 Jun 2014, 12:57 pm by Schachtman
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P­­­_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
27 Mar 2014, 5:00 am
McNeil Consumer Healthcare, 2014 WL 1116358 (E.D. [read post]
17 Oct 2013, 5:00 am by Bexis
For some reason, we recently found ourselves comparing our favorite defenses to our favorite rock bands. [read post]
22 Sep 2013, 9:06 am
Benedi was quoted in last week’s ProPublica story: “[W]hen a company omits a known danger to them that could hurt people, they’re lying to us. [read post]
19 Sep 2013, 9:53 am by Bexis
The following post is exclusively the work of the Reed Smith side of the blog.Sometimes the smallest, least significant type of lawsuit can illustrate cracks in the edifice of the largest, most consequential litigation. [read post]
4 Apr 2013, 5:47 am by Rebecca Tushnet
  “[W]e could use some help from a friend like Vidal Partnership. [read post]
1 Mar 2013, 2:30 pm by Bexis
McNeil-PPC, Inc., 2009 WL 1178651, at *3-4 (Pa. [read post]