1

Late last year we published the post "Twiqbal for Defendants? Not If We Can Help It." on the issue of whether the "plausibility" standard of Bell Atlantic Corp. v. Twombly...

2

Bexis recently filed a personal jurisdiction amicus brief in Pennsylvania – ground zero in the battle over general jurisdiction by "consent" due to a foreign corporation's registration to do business in the state.

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Courts holding otherwise must be channeling John C. Calhoun.

4

We recently gave a talk on things in MDLs that drive us crazy.

5

Pennsylvania Fire cannot be divorced from the outdated jurisprudential assumptions of its era.

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If a court acknowledges that no state or federal appellate courts in the jurisdiction have addressed the question before it, we think at a minimum there also should be an acknowledgement of the Erie doctrine.

7

In the early days of the Blog, in 2009, when Bexis and Mark Herrmann were operating in relative obscurity, we posed the question whether it was ethical to remove to federal court a case that may well be non-removable and hope that opposing counsel is "asleep at the switch":

8

We've heard that we should welcome some new subscribers, who aren't that interested in drug and device litigation, per se, but have been attracted by our coverage of personal jurisdiction issues...

9

We were reading the appallingly bad personal jurisdiction (and other things, but those aren't what we're interested in today) decision in Hammons v. Ethicon, Inc., ___ A.3d ___, 2018 WL 3030754 ...

10

Not so long ago the Philadelphia Court of Common Pleas emitted a malodorous opinion exercising personal jurisdiction over a foreign corporation because one of its materials suppliers...

11

Last week at the DRI conference in New York an especially talented lawyer delivered an especially interesting address.

12

Personal jurisdiction defenses, however, are waivable.

13

Last week we served on a jury in a medical malpractice verdict. To put it mildly, we were surprised that we made it through the peremptory gauntlet.

14

Today's guest post is by Reed Smith‘s Lisa Baird, who has written about her recent experience with mandatory initial discovery, as practiced in a "Pilot Project" in place ...

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What follows is a collaborative effort between Bexis and Reed Smith‘s Kevin Hara, who helped research and write this post. It's not really a guest post, but Kevin had such a large hand in it that his contribution deserves to be separately acknowledged.

16

Those of us who practice in the mass tort space spend vast portions of our professional lives dealing with our opponents' experts.

17

Interestingly, it's a case that is almost a year old that has us thinking about litigation tourism post Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017).

18

This guest post is by Reed Smith‘s Devin Griffin. It deals with an important pending appeal in New Jersey's version of Jarndyce v. Jarndyce – Accutane litigation.

19

Daubert embodies real standards. And the Rules of Evidence are more than suggestions.

20

Hope springs eternal. At least that is what the optimists say, and while we would like to see the bright side of the Missouri Supreme Court's split opinion on venue in Barron v. Abbott Laboratories, Inc., ...