We’re getting back to work.  At times it’s hard, particularly with no power.  It’s amazing how much we rely on electricity and miss it when it’s gone.
But the storm brought a few good things.  One was dinner at the mayor’s house (the mayor had power).  Yeah, it’s a small town of 2,000, but it still felt good to dine with the mayor.  Another was experiencing so many from our town gathering at the downtown coffee shop to talk, feel some heat, charge up, and have hot food and drink.
But mostly the storm was just bad.  Towns and communities along the ocean were decimated –Long Island, Queens, Brooklyn, Staten Island, and many towns along the Hudson River.  For those of us who grew up in or near New Jersey, the worst thing may be what happened to the Jersey Shore.  That place – from Sandy Hook all the way down to Cape May – is part of our happy-times DNA, a place with so many unshakeable memories: Ferris Wheel rides over the sand; water slides and roller coasters (for kids and older); pizza and games on the boardwalk; body surfing the Atlantic Ocean waves by day and hearing them crash while at a bonfire at night; great music at the night clubs; the first bar you snuck into underage (well, some of us); or maybe seeing Bruce Springsteen just show up at a small bar and play with the house band.
So it’s emotional to watch the videos of what’s left and what’s not.  If you have an opportunity and the means and haven’t already, check in with the Red Cross and give what you can.  There are so many families with real problems, not just power outages, and a lot to rebuild.
But it’s back to work, so here’s an excellent Mensing preemption decision – Purvis v. Teva Pharmas., USA, Inc., 2012 WL 5364392 (M.D. La. Oct. 30, 2012).  The plaintiff used generic metoclopramide, experienced side effects and sued the generic manufacturers under theories of failure to warn, warranty and design defect.  One of the manufacturers moved for judgment on the pleadings and got it.Continue Reading Getting Back to Work