We have posted quite a bit about the Taxotere MDL and some Fifth Circuit decisions on appeals from it. The decisions have mostly been pretty good. We have posted even more about the treatment of broad preemption issues in MDLs in recent years. From our perspective, there have been too many denials of strong defense
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Taxotere MDL Court Excuses Nearly-Five-Year Delay in Serving Complaints
By Rachel B. Weil on
We report, before we discuss today’s case, that we write in a state of high anticipation. Regular readers of this blog may recall that we are huge dog show fans (we have had the same seats to the annual Westminster Kennel Club show – the one that is on TV – for 25 years). We…
Great Results, if Wobbly Reasoning, in Taxotere “Warnings Causation” Decisions
By Rachel B. Weil on
We are feeling happy and grateful this week. On Sunday, we were able to hug the Drug and Device Law Dowager Countess for the first time in fourteen months and to share a Mothers’ Day meal with her and our siblings, all fully vaccinated and past the waiting period. The Countess is closer to 90…
Fifth Circuit Affirms Two Defense Victories from the Taxotere MDL
By Rachel B. Weil on
We hope, when our time on earth is up, we are remembered as someone who possessed skills and made contributions. We are certain that gardening will not be among them. In that vein, we recently hired professionals to plant a lovely new bed at the end of our driveway. We were admonished that we must…
Taxotere Court Dismisses Claims by Former Bellwether Plaintiff Even Though She Did Not Want to be “Singled Out”
By Stephen McConnell on
By now our beef with Multidistrict Litigations has become monotonous: plaintiff lawyers assemble enormous inventories of weak cases, then contort the bellwether pool to ensure that only their best cases go to trial. We remember an oral argument in front of an MDL judge in which we employed statistics to show that a representative MDL…
For Auld Lang Syne, Another Good Decision from the Taxotere MDL
By Rachel B. Weil on
Taxotere Plaintiffs Taken Down By Their Own Expert — Again
By Rachel B. Weil on
One recent night, three-plus months into our ongoing solitary confinement, we found ourselves laughing very hard at a classic Road Runner cartoon. We especially loved the moment when Wile E. Coyote stepped off a cliff then froze in mid-air as knowledge of his fate dawned on him. That image popped into our mind as we…
More Great News from the Taxotere MDL
By Rachel B. Weil on
Yesterday afternoon, only a few minutes after we saw the storm warning and cut short our walk with the Drug and Device Law Little Rescue Dogs, a brief but violent thunderstorm crashed through our neighborhood in the western suburbs of Philadelphia. (We note, parenthetically, that the adjective “violent” describes our weather with unprecedented and escalating…
More Good “Warnings Causation” News from the Taxotere MDL
By Rachel B. Weil on
We are certain that profound revelations – scientific, economic, and political – will arise from the Covid-19 crisis. For now, we comment on bits of knowledge we have gained so far. We have learned, spending 24 hours each day with our dogs, that they bark 20 hours each day. We have learned that the concept…
Excellent Warnings Causation Decision out of the Taxotere MDL
By Rachel B. Weil on
Like most of you, and like our co-bloggers (from whom you will hear similar laments this week) we are in the midst of “social distancing.” We have locked down our home, begun an indefinite period of working remotely, ordered a case of boxed macaroni and cheese, and fielded emails cancelling an inordinate number of long-awaited…