October 2007

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Overlawyered recently posted a list of its ten favorite legal blogs — and we made the list!
And the Deliberations Blog posted a list of five “Thinking Bloggers” — and we made that list, too!
Blogging may not bring us fame, fortune, or chances to lie on white sand beaches sipping exotic drinks with little

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We here at the Drug and Device Law Blog haven’t always been kind to the work product produced by the American Law Institute. We’ve haven’t hesitated to criticize drafts of the “Principles of the Law of Aggregate Litigation” — for example, here and here.
Today, we’re striking a different tune.
Although we’re both members

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A reader of this blog is looking for a person who has tried to judgment a consumer fraud case brought against a pharmaceutical company by a state attorney general.

If you’ve tried such a case, please send an e-mail to both Beck and Herrmann (whose e-mail addresses appear in the right-hand column of this blog).

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As readers of this blog know, we did an on-line experiment in ego-surfing last week. (Here’s a link.)

We shouted out to four law firms; it appears as though only one ego-surfs.

Historically, we have received about four or five pageviews each week from folks at Kaye Scholer.

In the last week, since we

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This morning’s New York Times reports (here) that tort reform appears to have worked in Texas. After Texas imposed caps on damage awards in medical malpractice lawsuits, a flood of physicians has moved into the state. In the real world, of course, it’s impossible to hold all other factors equal, so we can’t

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Herrmann represents clients too deeply involved in the subject matter of this post for him to speak on these subjects. He thus had nothing to do with today’s post; what you’re getting here is pure, unadulterated Bexis.
Contrary to what you might think, we don’t just read case law and ALI drafts – and no,

Sharp-eyed readers of our blog (those who really need to get a life) will notice something different today. For the rest of you … well, we’ll tell you. Over on the right-hand margin, in our Archives section, just below our Index of Posts, there are two more links, one to “Drug Preemption Scorecard

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Most civil cases don’t go to trial.
And that’s “most” as in something like 95 to 98 percent.
It follows that most litigators don’t try cases. We’ve seen reports in the legal press for several years that lawyers who never tried a case are now being made litigation partners in large firms. And we suspect

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We’re not shy about linking to information that we find useful, even if it originates with firms that compete with yours truly (or should that be “trulies?”). While we’re frequently skeptical about the value of a lot of what law firms send around under the title of “periodic alerts” (a lot of it’s just law

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Recently we posted twice about procedural irregularities that threatened the Supreme Court’s consideration of Riegel v. Medtronic. Today the Supreme Court granted the plaintiff’s belated motion to substitute an estate for the deceased Mr. Riegel, thus insuring that the Court will hear the medical device preemption issue on the merits. Chief Justice Roberts and