Searching Content indexed under Consumer Protection by Reed Smith ordered by Published Date Descending.
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C.D. Illinois Rejects Spoliation Claim For Lack Of Special Relationship
Last week, we found ourselves focusing on spoliation issues in two different cases, one at the front-end (an early case assessment) and one at the back-end (haggling over jury instructions).
United States
5 Sep 2019
Mixed Treatment Of Clinical Trial Liability On Summary Judgment
A little knowledge is a dangerous thing. A jack of all trades is a master of none. These cutesy little phrases throw some derision toward one who
United States
30 Aug 2019
Prescription Medical Product Causation – Expert Required − Part Three
Because we didn't want to split Pennsylvania, this part is a little longer, and part two a little shorter, than average.
United States
27 Aug 2019
New Hampshire Court Applies New Hampshire Product Liability Law And Denies Motion To Dismiss Plaintiff's Product Liability Claims
Choice of law analyses are confounding. They involve multi-factor tests and come with histories of decisional law that rarely apply those factors consistently.
United States
27 Aug 2019
Prescription Medical Product Causation – Expert Required – Part Two
What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support. Part One was last week.
United States
22 Aug 2019
Taxotere Court Excludes Expert Opinion On How The Medical Community Would Have Reacted To A Different Warning
We write today about a partial exclusion of a plaintiff expert in the upcoming Taxotere bellwether trial.
United States
16 Aug 2019
Prescription Medical Product Causation – Expert Required – Part One
We recently blogged about the final chapter (at the district court level, anyway) of the big defense win in the Mirena MDL.
United States
14 Aug 2019
New York Enacts New Security And Identity Theft Protection Laws In Response To Recent Data Breaches
On July 25, 2019, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (S.5575B/A.5635),
United States
7 Aug 2019
FTC Announces Two More Actions Enforcing The Consumer Review Fairness Act
Last month, the Federal Trade Commission ("FTC") announced two new actions under the Consumer Review Fairness Act ("CRFA")
United States
5 Aug 2019
Fraudulent Joinder And Misjoinder Arguments Prevail In Missouri
The manufacturer defendant, who was not a Missouri resident, removed the case to federal court alleging both fraudulent joinder as to the surgical center and misjoinder as to the driver of the car.
United States
2 Aug 2019
FTC And Law Enforcement Partners Join Forces To Wring Out Illegal Robocalls
In addition to the FTC's actions, 25 federal, state and local agencies lodged 87 enforcement actions as part of the initiative.
United States
31 Jul 2019
Wrong Court
On practically no issue has this Blog been more insistent than on the principle of Erie conservatism when federal courts sitting in diversity undertake to "predict" state tort law.
United States
31 Jul 2019
U.S. Chamber Of Commerce Assembles Key Stakeholders To Discuss Data Privacy
The U.S. Chamber of Commerce (the "Chamber") recently hosted a data privacy summit, "#DataDoneRight", which brought together a group of industry professionals
United States
29 Jul 2019
Equifax Agrees To Enhanced Security And Privacy Measures And Will Pay States And The Consumer Financial Protection Bureau At Least $575 Million To Resolve Multistate Investigation Of 2017 Data Breach.
The recently announced multistate settlement between credit reporting company Equifax Inc. and the Attorneys General of 48 states, Puerto Rico, and the District of Columbia...
United States
29 Jul 2019
Connecticut Trial Court Tosses Vaginal Mesh Case Against Hospital
Our firm represents a couple of companies in the vaginal mesh MDL, so it is difficult for us to write on that, er, fascinating litigation.
United States
29 Jul 2019
Will Agency Deference Ruling Affect Preemption?
We might not have even read the Supreme Court's recent – and long and convoluted − agency deference decision, Kisor v. Wilkie
United States
23 Jul 2019
Most Claims Dismissed With Prejudice In N.D. Cal. Amiodarone Case
Indulge us for a moment as we recount another airline adventure. Recently, we traveled thousands of miles to an important argument.
United States
12 Jul 2019
FTC And State Law Enforcement Officials Step Up Efforts Against Illegal Telemarketing
The Federal Trade Commission (FTC) announced a joint state-and-federal initiative, "Operation Call It Quits," which targets illegal telemarketing practices that violate the FTC's Telemarketing Sales Rule (TSR).
United States
5 Jul 2019
Guest Post − How Much Is Too Much Deference To FDA Warning Letters In Consumer Class Actions?
Consumer class actions involving goods regulated by the Food and Drug Administration ("FDA") coexist in parallel with FDA enforcement efforts.
United States
26 Jun 2019
Shut The Door On Punitive Damages "Experts"
We know of only a couple of cases that have allowed "experts" to testify on the subject of punitive damages
United States
25 Jun 2019
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