The definitive source for intelligent commentary on the law that matters for drug and device product liability cases
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.…
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)…
Bexis has been an active member of the American Law Institute (“ALI”), particularly concerning the ALI’s ongoing projects involving the Third Restatement of Torts. Thus, regular blog subscribers have read about his adventures attempting to dissuade the law professors who draft these projects from pursuing their natural biases towards always increasing liability (more liability =…
We previously addressed the in pari delicto doctrine, whereby a plaintiff injured in the course of his or her criminal conduct cannot recover for those injuries. We specifically examined this doctrine’s most common application in prescription medical product liability litigation – where the plaintiff is injured as a consequence of his or her illegal use…