If it’s Wednesday, it’s plainly time to talk about removal. Today’s case, In re Depo Provera Prods Liab. Litigation, 2025 WL 3252445 (N.D. Fla. Nov. 13, 2025), upholds one of the defense bar’s favorite procedural maneuvers,snap removal. The case was snapped in California, in the Ninth Circuit, and transferred to the Multidistrict Litigation in
N.D. Cal. Remands Case because Plaintiff Could Amend to Add Non-Diverse Defendant
Removal-rama continues. Art (if that is what you can call blogposting) mimics life. We have not just been blogging about removal cases lately, we’ve also been removing cases to federal court with startling frequency. And it’s been working. Twice, even with a removal basis that might be characterized as a jump ball, plaintiffs have not
SDNY Preempts Most Cochlear Implant Claims
It’s the most wonderful time of year, or at least Sirius channel 79 keeps telling us that. Too much food, too much drink, too much family, and not quite enough presents. Or, at least, not enough of the right presents. Or, maybe, lots of those veritable mixed bags. You know – a six pack of
Second Circuit Upholds N.Y. Law Restricting Weight Loss Supplement Sales to Minors
Council for Responsible Nutrition v. James, 2025 WL 3165673 (2d Cir. Nov. 13, 2925), is a Second Circuit decision about a New York state restriction on the sale of certain dietary supplements to minors. This blog covers the case because the court’s decision includes a disturbing preemption holding. This particular blogger covers the case
Fishy Remand in Filshie Clip Case
As mentioned last week, we’re having an odd moment in our practice when virtually all our cases involve feverish battles over whether the cases belong in state or federal court. Care to guess which side of the argument we’re adopting? (Hint: we prefer judges who will actually pay attention to dispositive motions and might even
Knee Implant Plaintiff Cannot Kick Case out of Federal Court by Fraudulently Joining Local Supplier
Today’s case, Clayton v. Zimmer United States, Inc., 2025 U.S. Dist. LEXIS 213345 (S.D. Ohio Oct. 29, 2025), marks two weeks in a row where we discuss good (for the defense) court decisions coming out of Ohio. Meanwhile, in our non-blogging-but-actually-paying part of our job, we’re on something like our fifth week in a
Fen-Phen Flashback
It feels like 20 years ago when we were doing almost monthly fen-phen diet drug trials in the Philadelphia Court of Common Pleas. The old timey-air-conditioning units in City Hall, along with subways rumbling underfoot, occasionally drowned out the testimony of plaintiff experts taking both scientific studies and internal company documents out of context. That
Ruff Day for Far-Fetched Canine Drug Case
Today’s case, Hartney v. Zoetis, Inc., 2025 WL 2924661 (D.N.J. Oct. 15, 2025), is about a canine medicine allegedly gone wrong. But lest you think the DDL blog has gone to the dogs, this case addresses issues such as preemption and learned intermediary that are key in cases with thumbed, supposedly sapient, biped plaintiffs.
Mind you
Yet Another Filshie Clip Defense Win
There is a documentary out on the actor Charlie Sheen and it reminded us that, long before the current denizen of the White House crowed about “winning,” that was a staple of many bizarre rants by Sheen.
We’re not ranting, whether bizarrely or sanely, but it is nice to post about yet another defense win
E.D. Louisiana Dismisses IVC Case on TwIqbal Grounds
This week we could not resist writing about a good result from an always interesting jurisdiction (Louisiana) involving one of our all-time favorite defense lawyers (Hi, Lori Cohen).
In McGuire v. B. Braun Med. Inc., 2025 U.S. Dist. LEXIS 184172, 2025 WL 2689205 (E.D. Louisiana Sept. 19, 2025), the district court granted the defendants’ motion to