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We’ve used the term one-two punch to refer to a couple different situations – Daubert wins followed by the grant of summary judgment; Mensing preemption for generic manufacturers and no innovator liability for brand manufacturers.  And we’re going to dust it off again today to refer to Couturier v. Bard Peripheral Vascular, Inc., —

The Xarelto personal injury claims settled in 2019 after six bellwether trials all ended with defense verdicts.  What remained, until now, were several third-party payor (health insurers, “TPPs”) actions that have been dormant for almost six years.  Despite the passage of time, the motions before the court in 2021 were to dismiss under Rules 12(b)(6)

Lots of cases get parked in MDLs.  There is no denying it.  It’s built into the system.  Individual cases get brought together in a single court for the purpose of consolidated pretrial proceedings.  For the most part, except for cases selected as bellwethers, that means MDLs are focused on general discovery, general experts, and general

It’s a Sunday night after an incredibly jam-packed weekend of activities.  The family, mother, father and two teens, decide to end the weekend with a movie.  A nice wind down before another hectic week begins.  A few minutes in, the father remarks:  don’t I know that actress from something else?  To which mother offers –

None of us are perfect.  Briefs get filed with typos.  Letters go out mis-dated.  It happens.  Emailing and texting are prone to informality, abbreviations, and let’s face it, bad grammar, that should be guarded against creeping into professional writing.  Above all else, there is the potential pitfall of the “cut and paste.”  Afterall, who wants

Last week we brought you both the federal and state court decisions in the Incretin Litigation granting summary judgment on the grounds of preemption.  But that was not the only obstacle in plaintiffs’ way.  Even if the claims were not preempted, plaintiffs’ experts fell woefully short of the mark.  Today we bring you part two