Photo of Steven Boranian

We have become accustomed to doing things remotely these days.  Depositions, court appearances, mediations, conferences, celebrations and family gatherings of all kinds.  The variety of activities that we now do by videoconference pales only by comparison to the speed with which we adapted to this new normal.  We will refrain from opining on whether we

No good deed goes unpunished.  One of our very first cases was a pro bono case for the Red Cross following a Northern California earthquake.  The Red Cross gave a local homeowner money to repair her home.  It was a gift.  No strings attached.  Please, take our money and fix your house.  Live long and

We offer a different take on preemption today.  We have discussed on any number of occasions how the FDA’s regulation of drug warnings preempts (or should preempt) state-law tort claims purporting to impose different or additional warnings.  But what if the alleged state-law duty is based on a public referendum or statute?  Does that make

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