As we age, we sometimes forget how things used to be. It is not just age-related deterioration of the synapses in our hippocampi. (We do question why hippocampi and hippopotamuses are the preferred plural forms these days and why more anatomic structures are not named for things like seahorses.) There is also a recency effect.
We’ll admit it: this post is written out of pure jealousy. Last week, Tauber authored a post on vaccines and set a record for DDL blogpost “hits.” It was a good, useful post, but we doubt all of the tens of thousands of hits came from legal scholars. The post made it to Reddit, and
It’s football season! That means beautiful fall weather, tailgating, pots of chili, rooting your favorite team to victory, and wallowing in their losses. It’s Army v. Navy and Ohio State v. Michigan. It’s Packers v. Bears and Steelers v. Ravens. If you are a true fan of the game, it doesn’t matter that in a
Sooner or later we knew it would happen. The law on general jurisdiction by consent has been developing very favorably – maybe even too favorably. Since Daimler AG v. Bauman, 571 U. S. 117 (2014), almost every appellate decision (including every state court of last resort and federal circuit court) has rejected general jurisdiction
A recent order in the Xarelto MDL caught our attention because it is an example of something we see more and more: A plaintiff in multidistrict litigation who neither accepts a settlement program worked out in the MDL nor is prepared to proceed with his or her claims once the chance to settle has passed.
Today we discuss a putative class action in which the named plaintiffs are a registered nurse who refuses to take a basic precaution to protect her vulnerable patients and a mother who is more interested in displaying her livestock than protecting her neighbors. Brought on behalf of all New Mexico residents who are equally selfish,
Get a group of experienced lawyers together and it won’t be long before there is a one-upsmanship game of Crazy-Things-Judges-Have-Done. A learned and revered colleague tells the story of how he went to argue before a law and motion judge many years ago and low comedy ensued. Being a diligent sort of fellow, said learned
We looked back over the blog and it’s been over one year since we posted on snap removal. Last spring and summer, we reported on new pre-service removals almost monthly. So, we decided to poke around a bit and see if there was anything going on outside the drug and device law space. We found
Today, we chronicle two more decisions from the Zantac MDL. Once again, kudos to this MDL transferee judge for outstanding willingness to tackle legal issues, and decide them, at an early stage of the litigation. Because we’ve gone through these issues before, here and here, we discuss these latest rulings in one post.
Chronicle
We are back from a weeklong vacation in Greece, with time split between Athens and a lovely, tiny, lightly-touristed island called Symi. We offer these observations: