Some things were never meant to go together. Oil and water. Ice cream and ketchup. Harry Potter and Lord Voldemort (although fans of the books will quickly point out that Boy Who Lived was actually linked inextricably to his arch enemy). Picnics and honey bees. Elected officials and the power to borrow money. You get
The Reverse Sham Affidavit Rule? It’s A Thing
A recent order in the Xarelto MDL caught our attention because it is an example of something we see more and more: A plaintiff in multidistrict litigation who neither accepts a settlement program worked out in the MDL nor is prepared to proceed with his or her claims once the chance to settle has passed.
The Vaccine Saga – Two More Courts Uphold University Vaccine Policies
When we first wrote on public universities requiring COVID-19 vaccines, we wondered why there was any controversy. The government has been requiring vaccines in public schools for decades, and the constitutionality of government vaccine requirements has been settled for more than 100 years. Courts have agreed—including the Seventh Circuit, as we reported here.
But
Eight Circuit Abdicates Gatekeeper Role For Expert Opinions
We posted just the other day about widespread judicial reluctance to follow the expert admissibility standards imposed by Federal Rule of Evidence 702. We called out the Eighth Circuit as a prime example of that problem, and we discussed the committee-approved amendments to Rule 702 that are intended to reinforce the need for expert opinions
Yes, the Government Can Still Require Vaccination
We reported two weeks ago on the poorly conceived and ill-fated attempt by students to enjoin a public university from mandating COVID-19 vaccines. There simply is no fundamental right under the Constitution to refuse vaccination, which has been firmly established for more than 100 years. Now the Seventh Circuit has agreed.
Let’s be candid about
Yes, The Government Can Require Vaccination
The last time we wrote about vaccines, we received a lot of emails. Vaccines are a hot-button issue for some, although we firmly believe they should not be. Vaccines have prevented disease in millions and millions of people and are among the most important public health developments of all time.
When we wrote that
Remote Trial Testimony? Not So Fast
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
Disputed Medical Causation? The Plaintiff Needs An Expert
We don’t know much, but there are a few things we know for sure. One is that when a topic is complex and not within the knowledge of an ordinary lay person, you generally need an expert. A second is that determining the medical cause of a disease is almost always complex and not within
Dog Bites and Good Deeds
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
Warnings Are Warnings: FDCA Preempts OTC Prop 65 Claims
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