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The plaintiff in Salinero v. Johnson & Johnson, __ F.3d __, No. 20-10900, 2021 WL 1681237 (11th Cir. Apr. 29, 2021), tried a new twist to get around the learned intermediary rule—and it did not work.  The district court rejected the plaintiff’s attempt to graft a “financial bias” exception onto Florida’s learned intermediary rule,

Are protective orders worth the paper they are written on?  We have heard cynical attorneys pose that question, usually in a rhetorical fashion.  But our view has always been that protective orders—which we define here as court orders entered to protect against the disclosure of confidential information—are important and ought to be followed.  This view

Have you ever gone to a party and felt unwelcome?  Neither have we, but the moving party in Bartis v. Biomet, Inc., No. 4:13-cv-00657, 2021 U.S. Dist. LEXIS 21048 (E.D. Mo. Feb. 4, 2021), sure must have felt that way.  She tried to join and intervene in a consolidated set of prosthetic hip-related lawsuits

We have blogged about class actions; we have blogged about preemption; we have blogged about social media; we have blogged about alleged economic loss; and we have blogged about alleged product defects—endlessly.  Rarely, however, have we blogged on all of these topics in a single post.

Today is the day, and the topic is an

Sometimes we write on issues for peculiar reasons.  Today, for example, a case on a certain topic caught our eye because of its catchy name:  Clark v. Perfect Bar.  So many questions arise from this concise, yet provocative tag.  Did the owner of the 100-year-old brand Clark Bar get sideways with a modern upstart

Plaintiffs often prefer to be in state court, and when we first started doing a lot of product liability litigation way back when, we were struck by how much time and effort plaintiffs spent trying to evade federal jurisdiction and litigating motions to remand to state court.  We don’t wonder so much anymore.  Jaded, we