This is from the non-Butler Snow side of the Blog.
Readers of the Blog know that we believe in strictly applying the requirements of Federal Rules of Evidence 702 and 703. Long before the 2023 amendments to Rule 702 were a twinkle in the advisory committee’s collective eye, we were pounding the proverbial drum that
This is from the non-Dechert and non-RS side of the Blog.
We recently attended a successful Ph.D. thesis defense on the seemingly narrow issue of trap states in quantum dots. This was held in a dark wood-paneled room in a large science building on the campus of a research institution generally known by a short
This is from the non-Dechert and non-RS portion of the Blog.
We used to post about defense wins in litigation over both branded and generic ranitidine fairly often. The MDL in the Southern District of Florida systematically knocked down all of plaintiffs’ theories based on the lack of legal support (e.g., preemption) and lack of
When you write a few hundred or more posts for a legal blog devoted to the somewhat niche subject of drug and device product liability law, you look for themes or hooks to keep both the writer and presumptive readers engaged. The themes may be fairly obvious based on the date of the post, the
For the decades that we have been handling drug and medical device product liability cases, it has been a given that we wanted to make it clear that our clients did not provide medical care or healthcare directly to patients. For one thing, unauthorized practice of medicine would be bad. Also, when dealing with prescription
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
In Hall v. Walgreens Boot Alliance, Inc., the Supreme Court of Washington considered a certified question from the Northern District of Illinois on an issue of Washington state law. No. 102829-6, 2025 Wash. LEXIS 145 (Wash. Mar. 20, 2025). The underlying case, a proposed consumer protection class action, involves the labeling of certain over-the-counter