Reed Smith LLP (LexBlog United States)

8204 results for Reed Smith LLP (LexBlog United States)

  • Unanswered Questions on Privacy and Employment from Supreme Court Overturn of Roe v. Wade

    As the health care industry as a whole comes to grips with the fallout from the U.S. Supreme Court’s decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health, here at Reed Smith we have formed a Reproductive Health Working Group to bring expertise from the across our many specialty areas to help our clients...

  • New Guidance by OCR addresses HIPAA and Disclosures of Information relating to Reproductive Health

    On June 29, 2022, the U.S. Department of Health & Human Services’ Office for Civil Rights (“OCR”) issued two pieces of guidance clarifying the applicability of the Health Insurance Portability and Accountability Act (“HIPAA”) related to privacy of information connected to an individual’s reproductive health.  Through this guidance, HIPAA addresses both protected health information (“PHI”),...

  • Privacy Advocates, Business Community Voice Opinions on Privacy Law in the Centennial State: AG Provides Open Forum for Informal Comment on CPA Implementation and a New Curveball Emerges in the Privacy Arena as Recent Dobbs Portends Further Changes

    Almost exactly one year ago, on July 7, 2021, Colorado Governor Jared Polis (D) signed the Colorado Privacy Act (“CPA”) into law. As we have previously highlighted, the Colorado Attorney General and the Department of Law (“Colorado AG”) have been a leading voice, both in Colorado and nationally, on privacy policy and enforcement. Consistent with...

  • Georgia Dismisses Supplement Case on Primary Jurisdiction Grounds

    Today’s case – Smith v. Hi-Tech Pharmaceuticals, Inc., — S.E.2d –, 2022 WL 2285920 (Ga. Ct. App. Jun. 24, 2022  — does not break new ground.  But it is a published decision by a state appellate court and for that reason, it deserves some attention. Plaintiff, a resident of Washington, DC, brought a single claim...

  • ‘Rules of the Air’: EASA Publishes World’s First Air Taxi Rules

    Hail a black cab on a busy London street, and you can assume that the driver will follow the ‘rules of the road’ to your destination. However, what can a commuter expect when taxis begin to take flight? With Airbus, Boeing and even Uber, amongst others, developing and investing in electric take-off and landing (eVTOL)...

  • Severing Cases Sua Sponte

    We have a case going on where the plaintiff wants to preclude the use of a term found in his medical records to describe something that happened to him in the past that is highly relevant to the claims and injuries in the case.  Instead of using the actual term, which was also used in...

  • Vertiports 2022: The story so far

    We wrote earlier this year about vertiports as an asset class, and a perceived potential lag in the development of these assets compared to that of the eVTOL aircraft that vertiports are designed to support (you can read that piece here). This now seems to be changing, and there has been a real sense of...

  • Magnuson Moss Cannot Be Applied Extraterritorially

    Particularly in economic loss class actions, we occasionally have to deal with claims involving the Magnuson Moss Warranty Act (“MMWA”).  Thus, we have covered MMWA issues before.  Here’s another one.  In In Re Hill’s Pet Nutrition, Inc., Dog Food Products Liability Litigation, 2022 WL 1641291 (D. Kan. May 24, 2022), the court held that foreign...

  • Ship finance without a ship? Addressing the risks of newbuild financing

    “It is good that I make you build, of this ship which shall sail on the sea, the hull, the decks and the mast, and then on a sunny day, like on a wedding day, I have you dress her of sails and gift her to the sea.” Whether it is, as for Antoine de...

  • Minnesota Court Holds that Dispute with Compounder is Preempted

    We are always delighted to find a case that bars a claim based on FDA preemption, but Nexus Pharms., Inc. v. IntegraDose Compounding Servs., LLC, 2022 Minn. Dist. LEXIS 1734 (Minn. 4th Dist. May 24, 2022), is unusual. It is not a product liability case. Rather, a pharmaceutical company sued a compounder for fraudulently stealing...

  • What employers need to consider post-Dobbs

    In light of the U.S. Supreme Court decision on June 24, 2022, Dobbs v. Jackson Women’s Health Organization, which holds that access to abortion is not a constitutional right, employers are faced with myriad challenges moving forward. Our Labor and Employment lawyers, working with Reed Smith’s Reproductive Health Working Group, address some of the questions...

  • Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs

    Given what we saw in states such as Mississippi, Oklahoma, and Idaho even before the Supreme Court’s  in Dobbs v. Jackson Women’s Health Org., ___ S. Ct. ___, 2022 WL 2276808 (U.S. June 24, 2022), we fully expect attempts by such states to ban FDA-approved prescription drugs that can be used to bring about abortions...

  • Unanswered Questions for Employee Benefits Plans from Supreme Court overturn of Roe v. Wade

    Now that U.S. Supreme Court has overturned Roe v. Wade in Dobbs v. Jackson Women’s Health, the implications of that action will be felt by employee benefit plans and the companies that offer them. Among those implications are the logistics of how to offer coverage for employees who must travel out of state to obtain...

  • Plaintiff Loses Motion for New Trial in N.D. Illinois Hernia Mesh Case

    This post is from the non-Dechert side of the blog. Before we get to today’s case, we fondly tip our hat to the Westminster Kennel Club Dog Show, held (and televised) last week.  Regular readers know how much we love this annual event and also may recall that our “heart breed” is the Standard Poodle. ...

  • Supreme Court Overturns Roe and Casey

    In an opinion authored by Justice Samuel Alito and joined by four of the other conservatives, The Supreme Court in Dobbs v. Jackson Women’s Health Organization held that there is no federal constitutional right to an abortion, and that the decision to regulate abortion should be governed exclusively by state law. In doing so, the...

  • Unanswered questions for health care and fertility providers from Supreme Court overturn of Roe v. Wade

    Now that U.S. Supreme Court has overturned Roe v. Wade in Dobbs v. Jackson Women’s Health, the implications of that action will be far reaching both for fertility practices and for health care providers in general. The Reed Smith Reproductive Health Working Group has generated a series of “unanswered questions” client updates to reflect the...

  • FDCA-Based Negligence Per Se & Informed Consent Don’t Mix

    Summary judgment was affirmed in Vesoulis v. ReShape LifeSciences, Inc., 2022 WL 989465 (5th Cir. April 1, 2022), although the recent troubling trend towards non-precedential defense wins but precedential defense losses continues.  Vesoulis was a one-off suit under Louisiana law against the manufacturer of a pre-market (“PMA”)-approved medical device and the implanting – or, more...

  • Supreme Court Rules in Favor of Arbitrability of PAGA Action

    In a highly-anticipated decision, the U.S. Supreme Court issued its opinion in Viking River Cruises, Inc. v. Moriana (Case No. 20-1573) on June 15, 2022. The Court examined whether the Federal Arbitration Act (FAA) preempted California court precedent, which invalidated contractual waivers of representative claims under California’s Private Attorneys General Act of 2004 (PAGA). Under PAGA,...

  • No Personal Jurisdiction Over Component Supplier Under New York’s Long-Arm Statute

    We’re pragmatic geeks. That means we love personal-jurisdiction issues. This year alone we’ve reported on personal-jurisdiction cases here, here, and here. And then yesterday we did it again. Although the decision we discussed yesterday, English v. Avon Products, Inc., — N.Y.S.3d —-, 2022 WL 1787160 (N.Y. App. 2022), was unfortunate in its ultimate resolution of...

  • Acquisition of Raw Materials does not Support Personal Jurisdiction

    This is called the Drug and Device Law blog, but every once in a while we discuss cases that involve neither drugs nor devices. Usually that is because those cases offer lessons applicable in our subject matter area. Or – and this is a confession – sometimes those cases are simply fun. For example, we...

  • Sailing close to the wind: ‘without prejudice’ and the thresholds of ‘unambiguous impropriety’

    The outcome of Swiss Re Corporate Solutions v Sommer [2022] EAT 78, (which we reported in this month’s newsletter) provides an interesting illustration of the scope of the ‘without prejudice’ privilege rules in the context of settling an employment tribunal claim. The ‘without prejudice’ rule (the “Rule”) allows parties to have a full and frank...

  • Alternative Designs in Kansas Must be Feasible and Adequate and Effective – Oh My

    Perhaps not as menacing as Lions and Tigers and Bears (Oh my) – but feasible, adequate, and effective proved to be too much for plaintiff in Davis v. Johnson & Johnson, 2022 WL 2115075 (Jun. 9, 2022). It is a remanded pelvic mesh case.  On defendant’s motion to exclude certain testimony by plaintiff’s expert, most...

  • CMS levies penalties for non-compliance with Hospital Price Transparency Rule

    The Centers for Medicare & Medicaid Services (“CMS”) issued the first round of civil monetary penalties to two hospitals in Georgia for failure to comply with the requirements of the Hospital Price Transparency Final Rule (the “Rule”) on June 7, 2022. According to the Notices of Imposition of a Civil Monetary Penalty published on the...

  • Questionable Treater Affidavit Insufficient Support For Defect Claim

    We have written a number of posts about pelvic mesh cases over the years.  Some of us have also worked on a number of cases.  At this point, many cases have gone from MDL to local district court to judgment to appeal.  Over time, the tide seems to have turned.  That could be because the...

  • Go Ahead And Inspect The Device, Court Says

    An explanted medical device is an interesting thing.  It was designed and made to reside within the human body, and it was implanted for the purpose of saving or improving life, even if only cosmetically.  Sometimes it has to be removed, often by design and under the applicable standards of care.  Take for example retrievable...

  • Unanswered questions for pharmacies if Supreme Court decides to overturn Roe v. Wade

    As noted in an earlier post here, the U.S. Supreme Court is expected to issue an opinion in the Dobbs v. Jackson Women’s Health case sometime before its recess in July. A draft majority opinion, authored by Justice Samuel Alito and overturning Roe v. Wade, was leaked to news media in May. While we won’t...

  • California AG urges mobile app companies to safeguard reproductive health data

    As the U.S. Supreme Court inches closer to the end of its term and a decision in a Mississippi abortion law case that is expected to either limit or eliminate the precedent of Roe v. Wade, the California Attorney General has urged mobile health app companies to safeguard the reproductive health data of people who...

  • Court of Appeal overturns judgement on acceptable security in collision matter

    Pacific Pearl Co Limited v Osios David Shipping Inc [2022] EWCA Civ 798 The Court of Appeal (“CA”) has overturned the decision of Justice Teare that security tendered under the Admiralty Solicitor Group form ASG 2 (Collision Jurisdiction Agreement) (“CJA”) needed to be subjectively acceptable to the offeree. Instead the CA has determined that it is sufficient that...

  • Keeping Alert for (In)Valid Legislation

    An amendment to the FDCA, called the “Verifying Accurate Leading-edge IVCT Development Act” – or VALID Act (cute) for short – has been wending its way through Congress.  It appears intended to codify FDA regulatory authority over in vitro chemical tests, and is not the kind of thing we would ordinarily concern ourselves with on...

  • GAO sustains pre-award protest challenging a solicitation as unduly restrictive.

    In a recent U.S. Government Accountability Office (GAO) decision, the watchdog sustained a pre-award protest filed by an offeror alleging that the government’s solicitation requirements associated with certain certifications were unduly restrictive of competition. This decision is a reminder that an agency will not withstand a protest of its solicitation terms when it does not...

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