December 2011

Photo of Michelle Yeary
            You all know we love preemption.  So, when two favorable medical device preemption decisions are entered on the same day, well that’s a two-fer we can’t wait to blog about.  In both cases, plaintiffs tried to plead and argue their way around PMA preemption – unsuccessfully.  Here is the spin plaintiffs tried and why

Photo of Stephen McConnell

A great Chicagoan, Ernie Banks, was famous for saying “Let’s play two” – an expression of pure joy about the game of baseball. Another great Chicagoan, Judge Richard Posner, recently came out with a pair of opinions that brought us some joy and reminded us of what good legal reasoning and writing looks like. In

Photo of Bexis

It’s been a while since we’ve taken a comprehensive look at how TwIqbal’s been affecting prescription medical product liability pleading.  We’ve done lots of posts about this or that case, but we haven’t synthesized anything lately – like in a year.  So today we thought we’d take a look at exactly what’s been held

Photo of Bexis

The following post is by our blogger emeritus, Mark Herrmann, now moved on to greener cyber-pastures.  He gets all the credit and/or blame for what follows.  He also suffers from some misconceptions (what else is new) which we’ll correct:
(1) Vale, not Bexis, is responsible for the MDL section of our competing work, so