We have long thought that “direct filing” procedures in multidistrict litigation were a solution in search of a problem. We also think direct filing procedures in MDLs pose significant waiver risks without a corresponding upside. Alas, our inclinations were confirmed recently when the Seventh Circuit ruled that a mass tort defendant’s acquiescence to complaints filed
2021 is almost over. Before 2021 – indeed, before the last half of 2021 – practically nobody other than stargazers had ever heard of “omicron,” unless someone was part of some fraternity or sorority. Now everybody has. The omicron viral variant demonstrates, once again in real time (as had the delta variant before it)
Santa dropped off an early Christmas present. It was not crafted by elves. It was drafted by the Pennsylvania Supreme Court (five of its seven members, anyway), and it is so good that it is a last minute addition to our Ten Best list, which will arrive anon.
In Albert v. Sheeley’s Drug Store, Inc.
Developments in the Rouviere v. DePuy litigation have already produced two of our blogposts. Rouviere v. DePuy Orthopaedics, Inc., 471 F. Supp.3d 571 (S.D.N.Y. 2020), which we discussed here, produced one of the first major decisions of the COVID-19 pandemic on remote depositions as the “new normal.” Then, Rouviere v. DePuy Orthopaedics, Inc.
Way before we were lawyers, we read a good chunk of the writings of James Herriot, the nom de plume of a rural English veterinarian who chronicled his exploits in helping All Creatures Great and Small (the title of a movie and TV series about him). The veneration of his seemingly altruistic and tireless work
It’s been a while (since mid-2020) since we last updated our cheat sheet devoted to ediscovery for defendants. That’s because, unlike most of our other cheat sheets and scorecards, cases involving defense discovery of plaintiffs’ social media can be found in a wide variety of non-drug/device contexts – other personal injury, employment, civil
We’re tired – Tired of blatant lying about COVID-19 and the vaccines that can stop it. Tired of miserable, selfish people who won’t take basic, proven health precautions to combat COVID-19, endangering not only themselves, but everyone else as well. We’re tired of obstructionist politicians who cynically seek to prolong the pandemic for political ends.
Now in this Winter of Covid discontent, made inglorious by the silliness and selfishness of anti-vaxxers, we warm ourselves with a look back at how a court dismantled the absurd arguments challenging vaccine mandates. Sure, we have written about similar cases a lot lately – here for example. “Yet once more, O ye laurels, and
We venture a bit outside our normal drug/medical device arena today for a case involving dietary supplements, but you know we cannot resist a case shot down as an attempt to pursue a private FDCA cause of action. It’s a bit like the refrain to The Christmas Song – “although it’s been said many times,
We begin with the news that the Drug and Device Law Rock Climber has a new puppy. He is six months old and already over 60 pounds – a rescued Australian Shepherd mix. He is also white with blue eyes, a color pattern linked to deafness in dogs and cats. And he is totally deaf,