Emile Bove’s nomination to the Third Circuit was controversial. We do not know enough about that controversy to offer an opinion, but we know it was about politics, and there is little reason for you to care about our political opinions. As we reflect back over the years, we calculate that our political opinions have
N.D. Illinois Nixes Chocolate Fraud Lawsuit; Holds that the Illinois Food, Drug and Cosmetic Act Does Not Create a Private Right of Action
Foster v. Nestle USA, Inc., 2026 WL 893348 (N.D. Ill. March 31, 2026), is not a drug or device case, but it is noteworthy because the court held that there was no private right of action under the Illinois Food, Drug, and Cosmetic Act. Then again, the case is about chocolate, and chocolate has
J&J MDL Court Agrees with New Jersey State Appellate Court that Lead Plaintiff Law Firm Must be Disqualified
On February 11, we blogged about the New Jersey Appellate Court’s disqualification of a lead plaintiff firm (Beasley Allen) in the Johnson & Johnson New Jersey state court talc litigation because that firm had been canoodling with a lawyer who had formerly worked for J&J. Okay, “canoodling” is not exactly a technical, legal term, but
D. Kansas Holds No Negligence Per Se for Violations of Federal and State Hospital Cleanliness Regulations
Kansas has given us many great people and institutions. We Philadelphians are particularly grateful for Darren Daulton, the late, great Phillies catcher. We have also enjoyed the work of Charlie Parker, Buster Keaton, and, of course, Dorothy Gale. Further, the Kansas college basketball team is perennially very good. (But that was a tough loss last
EDPA Dismisses Acthar RICO/Antitrust/Fraud Case
At the DDL blog we unashamedly confess our biases. Foremost among those biases is that we walk the defense side of the street. Another inescapable bias, at least for this particular scribbler, is that we know and like many of the Philly judges. In the City of Brotherly Love, familiarity breeds respect.
Over the past
Hoosier Daddy: PREP Act Immunity Version
A chunk of our family recently relocated to Indiana, a lovely state that spawned prominent Americans such as Orville Redenbacher, Eli Lilly, Larry Bird, David Letterman, Michael Jackson, and James Dean, and that possesses fine covered bridges, a suddenly fearsome college football team, and a remarkable library that houses, among other things, the original manuscripts
SDNY Holds that Defendant AI Inquiries Made Without Counsel’s Input Were not Shielded by Attorney-Client Privilege or Work Product Doctrine
We’ve become aware that some clients are using artificial intelligence (AI) to summarize or analyze things like complaints, briefs, internal documents, or even – horror of horrors! – law firm bills. If the client performing these tasks is an in-house lawyer, such work might be protected by the attorney client privilege or work product doctrine
Book Review: The Pain Brokers
In truth, this post is not so much a review as a full-throated endorsement. We are telling colleagues that they need to read Elizabeth Chamblee Burch’s The Pain Brokers (One Signal Publishers 2026). Two things drive our enthusiasm for this book: cynicism and pride.
First, let’s indulge our cynicism. The Drug and Device Law
Court Enjoins Texas Food/Beverage Warnings as Forced Speech Violative of First Amendment
Who would’ve thought that Texas, of all states, would become a nannyocracy? The Lone Star State typically positions itself as the home of rough and ready folks who can take care of themselves. Think Jim Bowie, Willie Nelson, or Bob Lilly, not Mr. Rogers, Mary Poppins, or Nanny McPhee. Texans don’t need the government telling
Plaintiff Talc Law Firm Disqualified after Working with Defendant’s Former Lawyer on Settlement Strategy
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