We are back “stateside,” after a trip to London and Florence. We loved both, especially the Tower of London, Highclere Castle (used for the filming of Downton Abbey – how very cool to walk through the rooms we watched with such pleasure for six seasons) and, of course, the breathtaking David. But this is pretty
Ninth Circuit: Call a Spray a Spray – Butter Substitute Labeling Claims Preempted by the FDCA
We start with the usual poodle report – actually with a comment that these may be drawing to a close, as Luca is only a few points from finishing his championship and coming home. We suspect this will cause little grief for readers of this blog (the Drug and Device Law Rock Climber and other
S.D. Texas: PMA Preemption and Twiqbal Doom Stent Graft Warnings and Manufacturing Defect Claims
When last we wrote, we had just watched our gorgeous standard poodle puppy, Luca, compete in his first weekend of dog shows. He was still learning the ropes, and, though he looked beautiful, he did not win any points. (Dog shows are worth from one to five points for each breed, depending on the number
Mixed Bag of Holdings from EDNY in Class II Non-invasive Facelift Device Case
He didn’t win, but he sure looked beautiful. Luca, that is. Faithful readers know that our beautiful standard poodle puppy made his show debut last weekend in Massachusetts. He is learning the ropes and settling down – winning will come in time. We can’t express how thrilled we were to be ringside for these first
W.D. Louisiana Dismisses Insulin Pump Case on Preemption and Twiqbal Grounds
When last we spoke, we were about to deliver our beautiful standard poodle puppy, Luca (registered name Tivin Dreamcatcher), to his show handler, who would trim him and train him and launch his dog show career. The transfer was accomplished without incident, if you don’t count mommy’s predicable reaction to the separation. It also included
District of Rhode Island: Receiving a Prescription in the Forum State Does Not Confer Specific Personal Jurisdiction
Thanks to our friend Adam Masin for sending us today’s hot-off-the-presses case, and a shout-out to Adam and his colleague Nancy Kelly, both of Gordon Rees Scully Mansukhani, for the great result. We’ll get to that in a moment.
First, we ask your indulgence as we report that our baby is leaving the
Western District of Louisiana Confirms that Defendants Can’t Destroy Diversity if They Are in a Different Case (LOL)
We’ve started thinking that it might be fun to run for a seat on our county’s (elected) trial court bench, when we retire from our law firm. (Our current campaign is for our township’s school board. If we succeed, our term will take us just about to the point at which we plan to retire).
Plaintiffs’ “Misleading Marketing and Labeling” Claims Thrown Out in N.D. Ill. Popcorn Case
Today’s case is not about drugs or medical devices. It is about popcorn, a perfect prompt (or as good as ours ever get) for a rant about movies. We are working our way through the Oscar nominees, in anticipation of the upcoming Academy Awards. (Pre-apocalypse, we hosted an annual Oscar party, featuring good food, good
Irrelevant and Prejudicial Long-Ago Evidence Excluded in IVC Filter Case
We write in a state of annoyed frustration (so different from our normal sunshiny sweetness – lol). We have a bat mitzvah to attend next weekend – dear friend’s daughter. And we knew exactly what to wear to the evening festivities: a great dress with a skirt is slightly poufed, because it has a bit
When the Law Isn’t Really the Law – Creative Jurisprudence in Mostly Bad C.D. California Singulair Decision
We have decided that 2023 will be a year of new adventures for us. We are dipping our toes into the world of dog shows (our gorgeous poodle puppy is now past five months old and soon to begin his show career with a top poodle handler) and we are running for local elected office.