The Drug and Device Law Rock Climber celebrated her birthday this week by acquiring a companion for the Irascible Rescue Pomeranian (you can read about him here). The new family member is a four-month-old Australian Shepherd mix, pure white with blue eyes. We sense figurative ears perking up at this description, as dog- (and
Nice Appellate Reversal of Unsupported Verdict against Hospital in Retained Instrument Decision from Alabama.
We wanted avocado toast for lunch a week or two ago. And we had a perfect avocado on the kitchen counter and some nice whole-grain bread in the breadbox. So we cut the avocado in half, “unscrewed” it to leave the pit in one half, then drove the point of a sharp knife into the
Illinois Appellate Court Affirms Summary Judgment on Failure-to-Warn and “Voluntary Undertaking” Claims in Programmable Pump Case
Before we turn to today’s case, a quick update: when last we spoke, we were about to board a plane for Peoria – our first work trip in sixteen months. We were excited about it. We regret to report that we stepped out of the plane into something resembling a weird post-apocalyptic Mad Max movie.
Lots of Good in Motion in Limine Rulings in IVC Filter Case
We are going to Peoria next week. On an airplane. Ordinarily, this would not be newsworthy, but we are irrationally excited to be taking this step toward normalcy. We have long comforted apprehensive young lawyers by assuring them that any event provoking fear would soon recede into the past tense. The last year did not
Good and Not-So-Good Holdings in District of New Hampshire Hernia Mesh Case
This post is not from the Dechert side of the Blog.
We exchanged e-mails today with one of our first mentors, many years retired. With this long-ago colleague, we tried our first prescription drug cases when we were fresh out of law school, creating some of the fondest memories of our decades-long legal career. Back
Great Results, if Wobbly Reasoning, in Taxotere “Warnings Causation” Decisions
We are feeling happy and grateful this week. On Sunday, we were able to hug the Drug and Device Law Dowager Countess for the first time in fourteen months and to share a Mothers’ Day meal with her and our siblings, all fully vaccinated and past the waiting period. The Countess is closer to 90
Fifth Circuit Affirms Two Defense Victories from the Taxotere MDL
We hope, when our time on earth is up, we are remembered as someone who possessed skills and made contributions. We are certain that gardening will not be among them. In that vein, we recently hired professionals to plant a lovely new bed at the end of our driveway. We were admonished that we must
Good and Bad in IVC Filter Decision out of the Middle District of Tennessee
We tend to favor a “glass half full” outlook. We are preternaturally sunshiny during our daily “how was your day” calls from the 86-year-old Drug and Device Law Dowager Countess. (We have not mentioned, for example, that our aging dog has begun sleeping most of the day and barking most of the night, resulting in
No Heeding Presumption (and No Warnings Causation) in Eastern District of Wisconsin Mesh Case
We understand the value of branching out and trying new things. Recently, a close companion prevailed upon us to try calamari (thumbs down). We signed up for a Zoom acting class during the pandemic. And we are seriously considering a “new” hair color, to take advantage of the natural phenomenon that has occurred during the
District of Oregon Explores Choice-of-Law Issues in IVC Filter Case
It may be tempting to dismiss as boilerplate the “choice of law” discussion that precedes the “standard of review” in a typical brief. But while choice of law may not always be challenging or pivotal, just as often it is both. Today’s case, Peterson v. C.R. Bard Incorporated, 2021 WL 799305 (D. Or. Mar.