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
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
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
Class action plaintiff lawyers have been known to do some pretty sleazy things. Don’t just take our word for it. Check out the ALI’s recently adopted Principles of the Law of Aggregate Litigation §§1.05, 3.08 (2010), and especially the cases and articles cited in the Reporter’s Notes. Class action plaintiff lawyers also have to satisfy
When you add together the plurality (p. 958 n.16) and one of the dissents (p. 969) in Allison v. Merck & Co., 878 P.2d 948 (Nev. 1994), there’s a majority in favor of the learned intermediary rule. Thus, we’ve included Nevada in our post that lists all of the states adopting the rule, Still,
When we took stock of things to be thankful for last week, we focused on family, friends, and health. Amidst the turkey, sweet potatoes, and cranberries (the real ones, not the canned stuff), there was little room for professional considerations (or, as our Texan friends call it, bidness). You see, despite our nerdiness, we actually
On November 18, 2011, the defense scored a victory in the New Jersey Zometa/Aredia mass tort program, when the court granted a motion to apply New Jersey punitive damages law. The plaintiff was a Virginia litigation tourist who brought suit in New Jersey state court despite his treatment having nothing to do with the state.
This just in. In an important case concerning discoverability of expert materials in Pennsylvania, the en banc Superior Court has overturned a prior panel decision that allowed discovery of correspondence between expert witnesses and the lawyers who retained them. Here’s the opinion: Barrick v. Holy Spirit Hospital, 2011 Pa. Super. 251, slip op. (Pa.