We have been accused of using this Blog as our personal travelogue, posting details of our various adventures notwithstanding the tenuous-at-best connections to the case descriptions that follow. Guilty. Today, for example, we wanted to let you know that you should not miss the opportunity for a visit to the hallowed Bluebird Cafe if you
District of Nevada Dismisses Gadolinium Claim, Albeit Without Prejudice, on Personal Jurisdiction and Preemption Grounds
One slushy morning this week, we found ourselves searching for our favorite black duck boots. We found one and put in on, then, after much rummaging in the dark recesses of our closet, found a second. At this point, we were on the edge of missing our train, so we put on the second shoe
“Permissible Inference” Supplants Product ID in Case from Washington Court of Appeals
We write today fresh from a short cruise to celebrate a milestone birthday of the Drug and Device Law Dowager Countess. We view cruising, and the limitations of its inevitable confinement, as the perfect antidote to the often-unrelieved breakneck pace of our daily lives. And this cruise was no exception. We eschewed shore excursions in
Case Dismissed: Claims of 149 Plaintiffs Dismissed with Prejudice in Abilify MDL
We write as we prepare to head to the airport for a long weekend in Whitefish, Montana, a bit of paradise in in the Flathead River Valley of northwest Montana, just outside of Glacier National Park. As we have mentioned in other posts, Whitefish is the home of beloved friends of many decades, and we
Expert’s “Rebuttal” Report Was Nothing of the Sort in Hernia Mesh Case
Today we offer another in our series of travel misadventures. Last weekend, we had the pleasure of visiting the Drug and Device Law Rock Climber (and seeing Lin-Manuel Miranda’s improvisational hip-hop show) in New York City. We took the train to Philadelphia then to the regional station closest to our home. Here we pause for
Lack of Personal Jurisdiction and Dearth of Plausible Claims Doom District of Arizona Infuse/Spinal Fusion Device Case
We were in western Tennessee last week for an argument. We stayed at a beautiful and venerable hotel, most famous for twice-daily “march of the ducks.” Every morning, at 11 a.m. sharp (at least 30 minutes after guests have packed the lobby), an elevator door opens, and a uniformed “duck master” leads a perfect procession
Passive “Gatekeeping” in Biomet Hip Implant Daubert Decision
A couple of years ago, we were overjoyed to learn that our very favorite old-fashioned Broadway musical was being revived. The lead role – a famously brassy female character – was being played by a famously brassy singer and sometime-actress we believed was perfectly cast. We bought tickets the day they went on sale, and
Excellent Infuse Preemption Decision out of Eastern District of Michigan
On our office bulletin board, we keep a post-it listing the states we have not yet visited. We are down to ten, and we expected to cross Oregon off after a deposition last week. But our deponent moved from Bend, Oregon to St. George, Utah. We’ve been to Utah lots of times, and were annoyed
One Step Back: Mixed Personal Jurisdiction Result in Actos Case in EDPa.
Allow us to wax nostalgic for a moment. Decades ago, an improbable series of events led us to Nashville, where we lived for several years, blissfully holding adulthood (and college) at bay and basking in all that the resident music industry provided. Last week, we had a perfectly joyous reunion with the dearest of friends
Most Claims Dismissed with Prejudice in N.D. Cal. Amiodarone Case
Indulge us for a moment as we recount another airline adventure. Recently, we traveled thousands of miles to an important argument. Our first flight boarded right on time, left the gate right on time, and taxied down the runway . . . partway. Then stopped. Enter the inevitable announcement: “Ladies and gentlemen, we’re very sorry,