Our law school days were long ago. Reagan was the president. Footloose and Beverly Hills Cop topped the movie box office. Prince made great music, Lionel Ritchie made good music, and Macca and Jacko teamed up to make awful music. The Soviet Union boycotted the 1984 Olympics, which made the games … really excellent.
Even
We do not quite fit the stereotype of the fat cat – at least (we hope), not anymore. But there was a time when at least one evening per week would be marked by scotch and cigars. Our antiquity and iffy physical constitution have now reduced such festivities to two or three times per annum.
How many times have you seen a lawyer end the trial direct examination (or deposition redirect) of his/her expert by perfunctorily asking, “Do you hold all your opinions to a reasonable degree of certainty?” Then there is the obligatory “Yes.” The magic words have been uttered. All is right with the world, right?
Maybe.
If
Our favorite aspect of being a prosecutor was the investigation phase. Snooping is fun. Figuring out what the crook did and how he did it made us feel like Columbo or Mannix. (Surely those references are lost on anyone under 50. Maybe we should have alluded to Poker Face.) Surveillance, telephone records, and bank accounts
This is a defense blog. Are we biased? Yes, we are. We come by that bias honestly, via temperament, principle, and client loyalty. We are happy to report on defense wins. If we report at all on plaintiff wins, it will be grudgingly and typically accompanied by heaping helpings of regrets and criticisms.
Have we
Bexis gave us a splendid Christmas present when he handed us a case that is right in our wheelhouse: a criminal matter with (literally) crazy facts and some connection to prescription drug labels. United States v. Rainford, 2025 WL 3522333 (10th Cir. Dec. 9, 2025), is a relatively rare (something the opinion itself mentioned)
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
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
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
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