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1
Federal Oversight For Plaintiff Lawyer Advertising
We write mostly about decisions in cases, with those mostly coming from judges. Occasionally, we will also comment on articles, amicus briefs, and official government pronouncements.
United States
7 Oct 2019
2
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
3
Med Mal Case Dives Deep Into Device Regulation
Reading through Obermeier v. Northwestern Memorial Hosp., __ N.E.3d __, 2019 IL App. (1st) 170553, reminded us of scrolling through television channels in the middle of the day with time to kill.
United States
23 Jul 2019
4
Common Sense Cert Petition On CAFA
We have written a number of times on CAFA, the Class Action Fairness Act.
United States
4 Jul 2019
5
Smoked Turkey For Barbecue Season
Our days of the week are mostly named based on Norse mythology, but our months are firmly Roman.
United States
20 Jun 2019
6
Double Dose Of Delaware Summary Judgment
There will come a time when there is no such thing as the local radio station.
United States
3 May 2019
7
The Ripples Of The Fosamax Reversal
If we were to recap briefly our reactions to the Levine decision and ten years of decisions attempting to apply it, then we might say something like this.
United States
15 Mar 2019
8
The First Circuit Creates Havoc By Ignoring Facts And An Elephant In The Room
We all know the phrase "the elephant in the room."
United States
13 Feb 2019
9
Nutty Cosmetic Class Crushed
We may not know much about skin care, but we know a thing or two about labeling claims.
United States
17 Jan 2019
10
The DOJ Lashes Out At Qui Tam Abuse
What follows is a guest post from Joe Metro and Andy Bernasconi of Reed Smith. Andy has some experience with the guest post gig (here and here) ...
United States
7 Jan 2019
11
Trying To Make A Food Labeling Claim Stick
Our last post talked about carbohydrate-rich Thanksgiving food. Today, we are talking about a putative class action on the labeling of certain diet foods, particularly in regard to "net carbs"
United States
19 Dec 2018
12
Trying To Reheat A Turkey
As we roll out of bed on the day after Thanksgiving, we are often confronted with contradictory thoughts.
United States
28 Nov 2018
13
A Twist On The Old One-Two Punch
Not terribly long ago, we had a series of posts that recounted court decisions rejecting efforts to impose liability on a generic manufacturer for the standard design and labeling claims and/or on an NDA...
United States
8 Nov 2018
14
Clinical Trial Liability Revisited, Briefly
There was a time when we paid quite a bit of attention to the circumstances under which a participant in a clinical trial could impose liability on the sponsor of the clinical trial.
United States
18 Oct 2018
15
Discovery Sanctions Affirmed After Plaintiff Lost Summary Judgment
Just two weeks ago, we largely praised an MDL court's handling of sanctions for a plaintiff's stonewalling in response to discovery obligations, but thought the plaintiff ...
United States
21 Sep 2018
16
United States
6 Sep 2018
17
Litigation Tourists Visit New York And Are Sent Packing
A few weeks ago, we reported on another in a line of Missouri appellate decisions rejecting the ability of Missouri courts to try the claims of non-Missouri residents ...
United States
8 Aug 2018
18
Another Missouri Talc Verdict Is Wiped Out On Personal Jurisdiction
Even if Bexis and McConnell like to sport overalls and tool around in souped-up tractors, we are not farmers. We have grown enough heirloom tomatoes, ghost peppers, rainbow chard ...
United States
17 Jul 2018
19
Fourth Circuit Affirms The End Of MDL For Lack Of Competent Causation Evidence
It has been said, with maybe a bit of sarcasm, that a company developing a drug hopes that its drug will become successful enough to attract frivolous lawsuits.
United States
3 Jul 2018
20
A Stroll Down Innovator Liability Memory Lane Results In Dismissals
Since Conte in 2008, we have not made a secret of our view that innovator liability is a bad idea, contrary to traditional tort law principles and to sound public policy.
United States
4 Jun 2018
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