Could a tax case ever make for interesting reading? To our surprise, the answer is Yes. In our end-of-year excavation of older cases we missed when they first came out, we unearthed Rowitz v. Tax Commissioner of Ohio, 2019 WL 7489061 (Ohio Ct. App. Dec. 31, 2019). The plaintiffs in that case applied for
2020
Don’t Pass Go, Don’t Collect $200
Are Defendants Entitled to Jurisdictional Discovery?
In our personal jurisdiction posts, we’ve generally taken a dim view of plaintiffs who attempt to oppose Rule 12(b)(2) dismissal motions with requests for jurisdictional discovery. Both our experience and our perspective leads us to view such requests as overwhelmingly likely to be fishing expeditions, designed more to delay and to increase the expense of…
Bye-bye, Mirena IIH MDL: Second Circuit Affirms District Court’s Rule 702 and Summary Judgment Decisions
Guest Post – Will the Supreme Court Reverse Wyeth v. Levine?
We have another guest post by friend-of-the-blog, Dick Dean of Tucker Ellis, along with his associate, Emmanuel Sanders. This post speculates on whether recent personnel changes on the United States Supreme Court might mean the end of the case we call the “number of the beast,” Wyeth v. Levine, 555 U.S. 555…
Connecticut Court Strikes Failure to Warn Claims against Non-NDA Holder
It’s all too much. Mass torts, especially those involving drugs or devices, suffer from a severe case of too-muchness. Too much of what? Cases, defendants, prevaricating experts, documents taken out of context, appeals to outrage, eye-watering verdicts, etc. In the good old days when people got together physically, not virtually, for parties (especially this time…
You Can Lead a Plaintiff to Water
Sometimes discovery can feel like a four-letter word. Take your pick – hunt, seek, find, dump, onus, cost(ly). When we are talking about responding to interrogatories and document requests, we can add a few more – dull, drag, bore . . . In other words, it’s not the most exciting part of litigation. But the…
No! (from) Canada
We’ve heard politicians advocate importing “cheaper” prescription medical products from Canada for years. We’ve always thought the idea was ludicrous. As we said, a little more than two years ago:
Think about it. California alone has a greater population than Canada. Any large-scale importation of cheaper Canadian drugs to the United States would almost immediately
…
Breaking News − Major Expansion Of PREP Act Immunity
We’ve already commented about the broad scope of tort immunity conferred by the March, 2020 Notice of Declaration under the Public Readiness & Emergency Preparedness Act (“PREP Act”), 42 U.S.C. §247d-6d. That original immunity covered all aspects of government-related or sponsored production and use of anti-COVID countermeasures. It was, as one of our colleagues put…
To Expand Or Not To Expand, That Is A Question That Should Be Posed
Along with Shakespeare’s plays and painfully plodding Victorian novels, there is a good chance that your western high school (or perhaps college) education included at least a smattering of philosophy. The line between political science and philosophy can be hard to draw—Kant, Hobbes, and Rousseau might be featured in classes under either heading, for instance—but…