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The passage of time can change our collective perception of what is normal and accepted.  By way of a somewhat contrived example, back in 1989, there was a popular cross-over rap song called “Just a Friend” by Biz Markie.  It was catchy, entertaining, and a contrast to so-called “gangsta rap” that scared the Parents Music

We really cannot say whether chicken by any other name would smell as sweet or even as chickeny.  While we do not compare ourselves to the Bard, we can say that cultivated chicken meat cannot be sold in Florida to allow any such olfactory comparison there.  The manufacturer of just such a product challenged the

For several years now, the Valsartan MDL has been something of a poster child for the problems with modern serial product liability litigation.  It started with questionable data coming out of a questionable lab, leading to publicity and regulatory actions that outpaced reliable evidence of increased risk from an alleged carcinogenic contamination.  It snowballed

We often say here that we try not to do the other side’s homework for them or give them ideas about new ways to sue our clients.  When the Supreme Court takes a well-known statute and says, essentially, that it can now be applied in personal injury cases that also have economic damages, we do

From its start, the Blog has railed against certain expansions of traditional product liability that could have negative impacts on scientific progress and the availability of good medical products.  Innovator liability, first described in Conte back in 2008, is a good example of a bad idea.  Its offspring, the so-called duty to innovate

Four weeks ago, we posted concerning an MDL judge’s decision not to sanction a plaintiff lawyer for false representations concerning diversity jurisdiction.  We disputed that acting in the client’s “best interest” was a good excuse and questioned whether MDL courts cut plaintiff lawyers more slack than they should.  We also had a bit of a

Like the radio stations of yore did with songs, we offer up two related posts back-to-back instead of the usual one.  We cannot offer a “favorite artist” as the source of consecutive songs, we offer two posts that relate to the legal implications of some of the typical things that FDA does and has been