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None of our regular bloggers are solo practitioners.  And we’ve all been practicing for quite some time.  So, it is fair to stay that we’ve all had ample opportunity to offer writing advice to more junior lawyers.  Know your audience.  Use active voice.  Stop using legalese.  Avoid redundancy. And be direct and concise.  Which

It has been almost exactly one year since we brought you Part 2 of this Lone Pine story; so, like the court in its most recent decision, we’ll give you a little refresher.  The Zostavax MDL in its fifth year.  Plaintiffs allege that defendants’ anti-shingles vaccine caused them various injuries including shingles, hearing loss, and

The Fifth Circuit gave the plaintiff in Bruno v. Biomet, Inc., 2023 U.S. Dist. LEXIS 213826 (E.D. La. Dec. 1, 2023) a second chance, but it was short lived.  This case had been dismissed on statute of limitations grounds.  On appeal, the Fifth Circuit reversed that holding and remanded the case for the district

So says the Fifth Circuit in Torrey v. Infectious Diseases Society of America, — F.4th –, 2023 WL 7890067 (5th Cir. Nov. 16, 2023).  Which joins the Second and Third Circuits in protecting scientific free speech.  Cases we discussed here and here and which support our firm belief that scientific articles are “core”

Listen to your gut.  Follow your instincts.  Trust your intuition.  Great advice in many situations.  Like deciding whether to buy skinny jeans or whether to buy your forever home.  Or, when things seem “off” or feel “dangerous.”  Or, when your body is trying to tell you something about your health.  These are all times to

Plaintiffs love sales representatives.  They love to use them to try to keep cases in state court—naming them as non-diverse defendants.  They love to try to use them to get around preemption—claiming a direct duty from the rep to the plaintiff.  And they certainly love making sales representative statements and conduct a focal point of

We can sum up the claim in Telebrands Corp. v. Luminas Int’l LLC, like this—hey court, it’s not fair that I’m following the FDA’s rules and my competitors are not, so you should force them to do so to even the playing field.  2023 U.S. Dist. LEXIS 179285 (S.D. Cal. Jul. 12, 2023).  To

We say today’s case is about SIRVA (shoulder injury related to vaccine administration), but plaintiff tried her best to run from that allegation in her opposition to defendants’ motion to dismiss.  That’s because a SIRVA case runs up against not only a preemption obstacle, but also serious duty and causation barriers.  But since the court