We report, before we discuss today’s case, that we write in a state of high anticipation. Regular readers of this blog may recall that we are huge dog show fans (we have had the same seats to the annual Westminster Kennel Club show – the one that is on TV – for 25 years). We

Rachel B. Weil
Too Much “Weight Not Admissibility,” But a Good Result, in D. Minn. Mesh Decision
We confess: we spend much too much time on a prominent social media platform. We post way too many pictures of the Drug and Device Little Rescue Dogs. We follow the progress of our impending addition, a Standard Poodle show puppy, currently in utero. We engage in pointless, angry, political debate. And we look at…
“Information and Belief” Do Not a Fact Make, Says the Southern District of New York
We just bought tickets for ourselves and a dear visiting colleague to see Barry Manilow in concert next month. We love everything about Barry – his songwriting (we orchestrated many a youthful breakup with “Even Now” played over and over again), his chutzpah (just shy of his 79th birthday, he premiered a new musical,…
Plaintiff Loses Motion for New Trial in N.D. Illinois Hernia Mesh Case
This post is from the non-Dechert side of the blog.
Before we get to today’s case, we fondly tip our hat to the Westminster Kennel Club Dog Show, held (and televised) last week. Regular readers know how much we love this annual event and also may recall that our “heart breed” is the Standard Poodle. …
Never Say Daubert Again: Amendments to Fed. R. Evid. 702 Unanimously Approved
On this gorgeous late-spring Philadelphia day, we are excited about a couple of things. The Drug and Device Law Dowager Countess is home, after an improbable recovery from a horrific fall. We just learned that the Colorado Symphony is resurrecting an (also improbably) cool tribute to John Denver we saw a few years ago, featuring…
Expert’s “Ipse Dixit” Opinion Excluded in North Carolina Femur Fracture/Compression Plate Case
When we were small – ten or so – our father worked twenty miles from our home, in the town in which we now live. The town was – and is – a few miles from the Devon Horse Show, a world-famous affair held for eleven days each spring spanning Memorial Day Weekend. For one…
Design Defect Claim Dismissed in W.D.N.Y. Fosamax Case
We write today from a room in a rehabilitation facility, where we just shared the Drug and Device Law Dowager Countess’s lunch. The Countess, nearly 88, plunged down a flight of eight concrete stairs 12 days ago and managed to emerge with three broken ribs (one in two places) and no other injuries. A painful…
New York Court of Appeals Holds that Plaintiff Did Not Prove Causation in Talc/Asbestos Mesothelioma Case
We write on a chilly day in Philadelphia – we and the Drug and Device Law Little Rescue Dogs all shivered on our morning walk. And we are excited to share the news that our scruffy shelter rescues will be joined, a la Lady and the Tramp, by some relative aristocracy later this year: our…
Mostly Good Preemption Decision Out of the District of Columbia
We write on a gorgeous spring day in suburban Philadelphia, with Passover imminent for us and Easter for many we love. Today’s decision contains more than enough “good” to sustain the positive vibe. Ward v. Zoll Lifevest Holdings LLC, 2021 WL 7907066 (D.D.C. Sept. 20, 2021) is a D.C. District case from last September…
Statute of Repose is the Star of the Show in Tennessee Hip Implant Appeal
The long-planned New York trip is in the books, and it was a smashing success. The Drug and Device Law Dowager Countess (almost 88) was ecstatic throughout, and all of the puzzle pieces meshed seamlessly. We can report that The Music Man is a serviceable revival of a silly, illogical musical (most of our classic…