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Just because something is common doesn’t mean it’s predominate, and it definitely doesn’t mean it’s a good idea. Colds are common. So are traffic jams, mosquitos, and people who say, “Let’s circle back.” None of those things are dominant forces of greatness—they’re just annoyances we’ve sadly grown used to. Like plaintiffs seeking to certify products

If Dante had practiced law, there’s a good chance he would have added a tenth circle of hell—discovery for defense attorneys. Imagine being slowly crushed under a mountain of PDFs, emails from 2007, and inexplicably sticky banker’s boxes. Let’s face it, some of us could update our bios to include—professional document archaeologist.

Discovery was theoretically

Rouviere has been a long and storied litigation. We have shared many parts of that story here (Zoom depositions during Covid), here (turncoat experts), here (reflections on Rambo litigation), and here (summary judgment on statute of limitations).  After six years of litigation that ended in a summary judgment that was affirmed on appeal, we thought

This is not the first time we have posted about Gallego v. Tandem Diabetes Care, Inc.  About six weeks ago we told you all about the excellent preemption decision that dismissed the entire case with prejudice except for a piece of the negligent design claim.  On that, plaintiff was given thirty days to file

Science and law share a common goal—getting at the truth; but their relationship can be shaky.  In areas like medicine and products liability, courts need to rely on science, but courts should not make science or get ahead of science.  Science is a methodical process that relies on testing, peer review, and replication. When science

We know that any federal court analysis that starts with Although the state has not recognized the duty . . . is going to be followed by a “prediction” of state law that instead creates unprecedented liability according to the federal court’s personal predilections.  Which is precisely what the court did in CLF v. Coopersurgical