We knew we were picking on a tough bunch when we decided yesterday to defend the Twombly/Iqbal pleading standard against the onslaught of criticism from academia.
The scholars may disagree with us, but they haven’t tried to hide our argument.
We welcome new readers who have joined us through links to our Twombly/Iqbal post
It’s already been reported elsewhere that significant tort reform was recently passed in Oklahoma, along with some of the details. But when someone mentions Oklahoma to us in the context of litigation – we free associate “Ysbrand,” as in Ysbrand v. DaimlerChrysler Corp., 81 P.3d 618 (Okla. 2003), which is the leading (and nearly
The other day we – allegedly belatedly – posted about the Supreme Court’s decision in Ashcroft v. Iqbal, 2009 WL 1361536 (U.S. May 18, 2009). We say “allegedly” because, whilst Herrmann can blame being out of pocket if he wants, Bexis (although likewise at ALI) doesn’t rely upon that excuse. He believed all along
Companies that provide medical malpractice insurance tend to be pretty large and pretty sophisticated.
It’s thus not surprising that the way they handle most of their business makes a lot of sense to us: They hire lawyers on a “wholesale” basis, asking law firms to defend a high volume of medical malpractice litigation for relatively
We failed you.
Iqbal v. Ashcroft, __. U.S. __ (May 18, 2009) (here’s a link t
o the decision through the Supreme Court website), came down last Monday, holding that the more rigorous pleading standards set forth in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), apply to all civil actions.
The blogosphere was
One of the things that fell by the wayside as the ALI’s Principles of the Law of Aggregate Litigation evolved was a provision discussing (with approval) the supposed power of MDL courts to create “common benefit funds” from which the plaintiffs’ coordinating counsel get paid. A fund, in itself, isn’t so bad – except: (1)
Since we blogged last week about the American Law Institute’s (“ALI”) imminent final consideration of the Principles project on Aggregate Litigation (“PLAL”) – that is to say, class actions and similar proceedings – we thought we owed our readers a report on how it turned out.
All three of the motions we discussed: about predominance/issue
While we were at ALI yesterday, the administration released a presidential memorandum (technically not an Executive Order, if it makes any difference) regarding administrative agency statements regarding preemption. Not that we were expecting to be, but we won’t be surprised by agency preemption declarations any time soon. Preemption determinations must be accompanied by codified regulations
Hear the perspectives from both sides. One of your co-hosts – Bexis (Herrmann couldn’t make it) – leads off a day-long Harris-Martin conference on “Preemption in a Post-Levine World” at the Rittenhouse Hotel in Philadelphia on June 3, 2009. He’s paired against Sol Weiss (Anapol Schwartz) discussing the topic “Did the Court Get It Right?”
After a two-year investigation, the Department of Justice charged Intermune with misbranding the drug Actimmune by promoting it off-label to treat idiopathic pulmonary fibrosis.
(We like to use sentences like that. It gets our sophisticated readers salivating while discouraging the rest.)
After the deferred prosecution agreement and payment of the $42.5 million fine, the deluge.