Today the Supreme Court agreed to take another shot at “stream of commerce” personal jurisdiction in two automotive cases. Here are the case pages at SCOTUSBlog: Ford Motor Co. v. Bandemer, No. 19-369, and Ford Motor Co. v. Montana Eighth Judicial District Court, No. 19-368. The decisions being appealed are Bandemer
We have been accused of using this Blog as our personal travelogue, posting details of our various adventures notwithstanding the tenuous-at-best connections to the case descriptions that follow. Guilty. Today, for example, we wanted to let you know that you should not miss the opportunity for a visit to the hallowed Bluebird Cafe if you
We were going back through some old cases the other day and came across a gem from our hometown court right here in in San Francisco. It caught our eye because it deals with an angle of federal preemption on which we have written before and which we think is underappreciated, so we’re going to
We keep reading in Law360 and other publications about defense law firms that are ramping up cannabis practice groups. Our own firm is one of them. These developments sparked an interest. After all, won’t many of the principles we’ve worked with over the years for prescription and OTC medications apply to pot and its
While the focus of this blog is on product liability cases, we have had occasion to touch upon Lanham Act cases involving litigation between commercial competitors. One reason is because Lanham Act cases provided significant early precedent for the principle that FDA exclusive enforcement powers prohibit plaintiffs from bringing what amount to private FDCA violation
Someone asked us the other day whether spoliation sanctions could lie against a non-party for alleged loss/destruction of electronically stored information sought through a third-party subpoena. On the one hand, assuming there is personal jurisdiction, the substantive discovery rules do not vary between parties and non-litigants subjected to valid subpoenas. On the other hand,
Over the past few weeks, our loyal readers have descended into the “Stygian Depths” and then climbed to the “Elysian Fields” with us as we reviewed the 10 worst and 10 best cases of 2019.
If you found yourself wanting more information on these cases and their impact – perhaps with
We don’t often write about statutes of limitations because the cases tend to be fact bound and not all that illuminating on larger points of law and/or practice. However, a case in California struck a chord with us recently because it highlights a point that we think every litigator should understand: Tolling agreements should not
We had to shake our heads at the recent 360 story entitled, “Allergan Breast Implant Risk MDL Heading to New Jersey” – the link is here for those of you with a subscription.
The idea of a “risk” MDL seems bizarre. The story involves a particular type of cancer, and states that “four proposed class
How many of us entered law school dreaming of following the paths of Brandeis, Marshall, etc. in the field of constitutional law? How many of us now can go weeks, or even months, without reading a Supreme Court case? Paying off student loans led many of us to work for law firms where there was