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The Ninth Circuit has not been great for us on Daubert.  I suppose it is more accurate to say that the Ninth Circuit has not been great for those who oppose the introduction of unreliable scientific expert opinions.  But that is usually us, the defendants resisting plaintiffs’ efforts to get to juries with scientific

We don’t often write about statutes of limitations because the cases tend to be fact bound and not all that illuminating on larger points of law and/or practice.  However, a case in California struck a chord with us recently because it highlights a point that we think every litigator should understand:  Tolling agreements should not

Today is Friday, December 20, 2019, the last day on which many of our readers will be in the office before settling their brains for a long winter’s nap.  We wish you all the very best, and our holiday gift to you today is a case about candy.  Not just any candy.  Today we bring

We have always wondered why judges are hesitant to sever the claims of plaintiffs who never should have joined their claims together in the first place.  You know what we mean—multiple plaintiffs, sometimes dozens of them, who join their claims together in one complaint based only on the allegation that they used the same or

California and Idaho share some similarities, but also many differences.  Both are sprawling Western states.  Both are year-round meccas for outdoor activities of all types, whether it be hiking, skiing, rafting, mountain biking, or just gazing idly at some of the most stunning scenery you will ever hope to see.  Both California and Idaho have

Did you remember that there can be express preemption for over-the-counter drugs?  We sometimes forget too, but there are really good reasons for that.  The Food Drug and Cosmetic Act includes the following provision:

[N]o State or political subdivision of a State may establish or continue in effect any requirement – (1) that relates to

California courts continue to find ways to exercise personal jurisdiction over out-of-state defendants, even when there is little or no dispute that the Constitution and the United States Supreme Court’s opinion in Bristol-Meyers Squibb Co. v. Superior Court do not permit it.  “Resistance” is probably too strong a word, insofar as it calls up images

We have always thought that regulatory approval or clearance of a drug or medical device should weigh heavily against punitive damages, or even preclude punitive damages altogether.  An Arizona statute says exactly that, and now a trial court in Phoenix has applied that statute to dismiss punitive damages in a case involving a medical device