Medical Monitoring For Soft Drink Purchasers: Not The Choice For This Generation
Those of us who have been paying at least marginal attention to developments in popular culture and product liability law—not necessarily the fanatical level of attention to these subjects paid by...
View ArticleResult-Driven Affirmance of Birth Defect Verdict
We have said it before – birth defect cases are hard. Juries and judges are sympathetic where the individual whose health is at issue had no say in the matter. We have also said that we do not like it...
View ArticleMore Plaintiffs Go Home (Eventually And Based on Bauman)
Two days ago, we posted on a West Virginia Supreme Court decision that told non-resident plaintiffs the closing time refrain “you don’t have to go home, but you can’t stay here.” OK, we took some...
View ArticleFraud In The Smoke Will Not Do
This is from the non-Dechert side of the blog. We do not write too often about tobacco decisions. While FDA has added a Center for Tobacco Products and there are still lots of cases against tobacco...
View ArticleGoing The Distance To Limit Preemption
Anybody who watched the Mayweather-Pacquiao fight knows that a long fight does not necessarily make for an exciting fight. Thirty-six minutes of “action” can actually contain very little action. The...
View ArticleIs This The End of RICO?
The short answer is “no.” We are just borrowing a line from one of the original gangster movies, “Little Caesar,” which readers other than McConnell would most likely know from references in “The...
View ArticlePumped Up Protein Powder Preemption
While some of us are naturally jacked up—have you seen Bexis in short sleeves?—others turn to supplements to build up their beach bodies. We are not talking about the injectables favored by 1970s East...
View ArticleThe Elephant in the Room in Alabama
Six months ago, we praised two Alabama federal court decisions for refraining from extending the poorly reasoned decisions in Weeks—that is, Wyeth, Inc. v. Weeks, 2013 WL 135753 (Ala. Jan. 11, 2013)...
View ArticleUpdate on Opposition to ABA Hijinks
Last month, we described the proposal by the American Bar Association’s Standing Committee on Medical Professional Liability concerning legislation on “defective medical products” and punitive damages...
View ArticleConsidering Consolidating Cases for Trial
We have managed to pretty much avoid asbestos litigation. Sure, we encounter decisions from asbestos cases that sometimes impact our own cases. They even sometimes appear in our posts, but rarely as a...
View ArticlePutting A Lotion Claim In The Primary Jurisdiction Basket
When Jame Gumb urged his captive to put lotion on her skin, he was not concerned with improving its firmness. While Buffalo Bill from "Silence of the Lambs" may not be who most would think about when...
View ArticleLack of Proximate Cause for Failure to Warn Nets a Directed Verdict
A week ago, in a post-script to a post on Daubert decisions, we reported that the trial court in Hexum v. Eli Lilly & Co., No. 2:13-cv-02701-SVM-MAN, 2015 U.S. Dist. LEXIS 109737 (C.D. Cal. Aug....
View ArticleMaking Sense of the Daubert and Summary Judgment Orders in A Metal-on-Metal...
We have not posted for a while—that day job can really get in the way sometimes—so we agreed to tackle the ridiculously long decision in Christiansen v. Wright Med. Tech. Inc., MDL No. 2329,...
View ArticleGoing on Offense against State Deceptive Trade Practices AG Actions
We have posted many times about cases where a manufacturer of a regulated product is sued over alleged violations of a state consumer protection or deceptive trade practices act because of something...
View ArticleEvening Things Out Some With Trial Evidence Rulings In A Bellwether Case
We have no personal anecdote to share, no movie to discuss, no holiday theme to weave in, and no (self-described) clever theme for our post. It is a beautiful fall day where we have a relative lull in...
View ArticleLargely Thankful For The Second Circuit Striking A Blow Against Generalized...
This being the week of Thanksgiving, we would be remiss to fail to weave in something about the great American (or ‘merican) holiday of giving thanks, eating turkey, watching football, and pondering...
View ArticleAnother Zoloft Daubert Win: How Many Strikes Before The Plaintiffs Are Out?
Everybody knows that it is three strikes and you are out in baseball. (Bexis and Ken Burns could discuss the history of baseball’s rules on balls and strikes in the nineteenth century, but we will...
View ArticleThe Saga of Preempting Prescription Drug Design Defect Claims
Not so long ago in a Circuit not so far away, the issue of whether design defect claims against branded prescription drug manufacturers are preempted was joined. Much like the origins of the Jedi or...
View ArticlePecking A Blow For Chicken Preemption
It may have been our limited caffeine intake to that point in the day, but, when Bexis asked us to do a post on a case about representations about chicken, our initial thought was of some of the songs...
View ArticleRes Ipsa Loquitur, Ipse Dixit, And A Non-Retained Expert
As a defendant manufacturer in a drug or device product liability case, it is one of the last things you want to see. The key treating physician concludes that your product was to blame for the...
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