Can you have federal question jurisdiction in a case where no federal claim is alleged? The question has a certain self-defining quality to it, sort of like asking if something done under the table can be above board. Or asking whether the Holy Roman Empire was holy, Roman, or an empire.
We stole that last
We have two things in common with the petitioner in Mancini v. Commissioner of Internal Revenue, No 16975-13, 2019 Tax Ct. Memo LEXIS 16 (U.S. Tax Ct. Mar. 4, 2019). First, we both will be filing our 2018 tax returns in about a month from now, unless of course Mr. Mancini is more on
Medical device sales representatives are often present in the operating room during surgical procedures, especially with procedures involving orthopedic devices. With those kinds of devices (and others), the hospital typically contacts the sales representative in advance, and he or she is charged with delivering the device in the specified size and providing any specialized instrumentation
Bexis is known to say that nothing good ever comes out of Missouri, but the Missouri Supreme Court has proven him wrong. We have long made exceptions to Bexis’ proclamation for Mark Twain, Maya Angelou, and Kansas City barbeque, and we can now add to that list the Missouri Supreme Court’s new opinion in State
It is easy to articulate the core principle behind the First Amendment right to free speech: The government can’t restrict what you say or make you say what the government wants without a good reason. Ah, but how good a reason and what kind of reason? That is where it gets more complicated. How do
What do you get when no one has been injured and the most you can say is that maybe someone received medicine made from an active pharmaceutical ingredient that may have contained—but was never actually observed to contain—a harmless contaminant? Add to that that you can’t really tell who might have used the product that
We have taken a daily multivitamin ever since our doctor told us that we were chronically deficient in a particular vitamin, the one you can get from being out in the sun. Given our chosen line of work, we should not be surprised that we don’t get enough sunlight. We should also not be surprised
A federal court in Utah ruled the other day that it had no personal jurisdiction over a corporate parent, even though the plaintiffs alleged that the defendant subsidiary was the “alter ego” of its owner. We read the order with great interest for a couple of reasons. First, one of our first assignments out of
We celebrated National Cybersecurity Awareness Month a few weeks ago by bringing you the FDA’s newly published Medical Device Cybersecurity Regional Incident Preparedness and Response Playbook, with a promise to cover the Agency’s promised update on its Guidance for Content of Premarket Submissions for Management of Cybersecurity in Medical Devices, which was first
What happens when you have a class action where some putative class members suffered an injury while others did not? Can such a proposed class even be certified? The answer depends on whom you ask. The plaintiffs/class representatives will surely point out that whether any individual class member actually suffered a compensable injury is a