Defective products liability: new clarifications on the regime’s implementation
In a ruling handed down on 25 February 2016, the Court of Cassation clarified the conditions for implementation of the defective products liability regime. In this case, a patient was prescribed Mediator treatment between 1998 and 2008. Blaming…By: Reed Smith
Lone Pine Order Reversed: Rocky Mountain Low
We think Lone Pine orders are fair and useful tools, and we believe that courts should use them more often, not less. We learned last week that the Colorado Supreme Court disagrees, at least when reviewing the particular order that was presented in…By: Reed Smith
Hoosier Daddy? Indiana Supreme Court Defers to Trial Court Forum Non Conveniens Decision
The imminent retirement of David Letterman sent our mind back to all those grim law school days that foreclosed any smiles until after midnight, when Letterman’s velcro suit, random items heaved off a roof, and stupid pet tricks helped us forget the…By: Reed Smith
Alabama Legislature Abolishes Weeks Innovator Liability Theory
That didn’t take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the execrable decision in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813 (Ala. Aug. 15, 2014)…By: Reed Smith
Illusory Economic Loss Theory Held “Absurd” – Class Action Dismissed
As anyone can tell from our class action scorecards (federal and state), plaintiffs have not done very well lately – lately being the last couple of decades – with class actions involving alleged injuries caused by prescription medical products….By: Reed Smith
Read Insurance Policy as Drafted, Not as Insurance Company “Wishes It Had Drafted It”
Confronted with an ambiguity in its own insurance policy, an insurance company will sometimes attempt to rewrite its policy long after it first issued that policy. Last week, the Pennsylvania Superior Court again rejected such gamesmanship,…By: Reed Smith
Freehand Line-Drawing in Affirmance of Huge Verdict in Children’s Motrin/TEN Case
A couple of days ago, we watched the lovely “St. Vincent.” The film stars a spot-on Bill Murray as Vincent, an unemployed curmudgeon living alone in an otherwise tidy residential neighborhood. Disrepair has turned Vincent’s house into an eyesore….By: Reed Smith