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Procedural considerations often decide cases.  Sometimes, weighty legal issues are reached through quirky procedural routes.  When it comes to whether state tort law provides medical monitoring as a remedy for people who do not have a present compensable injury, that is a legal (and policy) issue.  We have written many times that we think foundational

A great woman once said “When they go low, we go high.”  Apropos of nothing in particular these days, we have been thinking about the issue of tone recently.  For instance, what is the exact line between a negative political advertisement and a positive one?  Are there circumstances where a candidate might suspend negative ads

Stop us if you have heard this before.  A group of plaintiffs bring a purported class action under a range of California consumer protection laws seeking damages related to the purchase of a medical product (or collection of somewhat related medical products) that they claimed failed to comply with FDA requirements.  The defendants raise preemption

The order of operations can matter.  Back in elementary school, you may have learned a mnemonic about somebody’s aunt to help you remember the right order for doing certain math problems.  In computer programming, engineering, auto repair, surgery, and a myriad of other endeavors, you can get very different results if you take the same

Long ago, when we first started representing the makers of prescription pharmaceuticals, it was said that people did not tend to sue over life-saving medications.  Contraceptives, pain medications, obesity medications, diabetes medications, psychiatric medications, and many others were fair game, even if the risk-benefit calculus for an individual patient might involve major benefits on one

We start with a disclaimer:  The following metaphorical exercise is somewhat forced, but we are doing it anyway.  If you are like us, then you are a few months in on a pattern of only buying groceries every week or so, perhaps supplemented by bulk deliveries of meat or seafood that you may need to

Not long ago, an EPL (evil plaintiff lawyer) relayed to us that, based on reading our posts, another EPL had assumed we had a particular political view.  As we laughed at the notion, we pondered the issues of assumption and incomplete information.  Much like the old quip about what happens when you assume, many assumptions

People have long been fascinated by robots.  Way before the term was coined in a 1920 play or Isaac Asimov popularized it, there were stories about machines that acted like living things.  The droids of Star Wars universe are famed for the likeability and pluck.  However, there is still the specter that some of those