Photo of Stephen McConnell

Kulkarni v. Generics, 2023 U.S.Dist.LEXIS 160730 (S.D.N.Y. Sept. 8, 2023), is an interesting generic preemption (mostly) dismissal involving an “old” (pre-1962) drug.  A pro se plaintiff sued five affiliated pharmaceutical companies alleging that a course of generic prednisone caused her to develop functional myoclonus.  The plaintiff’s theory of the case was that the drug label failed

South Carolina is a lovely state with mostly lovely weather, though this time of year its appearance on the map looks like the country’s jutted chin daring a hurricane to sock it. South Carolina courts have been known to sock it to defendants, particularly in asbestos cases.    

Luckily, asbestos has nothing to do with today’s

Patora v. Vi-Jon, LLC, 2023 U.S. Dist. LEXIS 153421 (S.D.N.Y. Aug. 30, 2023), is a typical express preemption decision resulting in dismissal of a typical consumer protection-based purely economic loss class action against an over the counter (OTC) product.  The plaintiffs, suing on behalf of a putative class, alleged that they purchased an OTC

It is time, once again, to talk about Multidistrict Litigation (MDL) case management.  But this time there will be more gratitude than grousing.

We wince when we hear judges talk about managing litigation.  Such management seems to be about many things (mostly about forcing settlement), and not much about deciding legal issues, and definitely not

Some personal injury plaintiffs will do almost anything to avoid federal court. And by “some,” we mean pretty much all. We freely subscribe to the idea that the plaintiffs’ bar is replete with bad motives on this issue.  We are from the Dorothy Parker school of, “If you can’t find something nice to say about

What’s the point of spilling virtual ink on Daniels-Feasel v. Forest Pharms., Inc., 2023 U.S. App. LEXIS 19448 (2d Cir. July 28, 2023), an unpublished Second Circuit decision? Well, the well-esteemed (at least by us) Washington Legal Foundation thought the decision was significant.  It had filed an amicus brief with the Second Circuit and

“To see a world in a grain of sand,
And a Heaven in a wild flower,
Hold infinity in the palm of your hand,
And eternity in an hour.”
– William Blake, Auguries of Innocence

We’ve long been enamored with the idea that sources of insight reside all around us. Before we did drug and