Last week we reviewed our 2020-25 Best and Worst lists to see if any patterns emerged in terms of the federal circuits. Our tentative conclusions were that the Fifth Circuit is pretty defense-friendly and that the Third Circuit is pretty active, both good and bad.
This week we surveyed state court cases from the
Above the Law used to be a forum largely dedicated to law firm associates bemoaning their treatment at their “TTT” (third-tier toilet). But now the Above-the-Law substack does a splendid job of covering law industry topics. David Lat is a knowledgeable and fair-minded commentator. He is smart. He did, after all, work at Wachtell. He
2026 has been a festive year, marking the 250th anniversary of the Declaration of Independence, which was adopted in our home town of Philadelphia. But did you know that the first formal call by any colony for independence from perfidious Albion was the Halifax Resolves, which was issued on April 12, 1776 in North Carolina?
Franco v. Chobani, LLC, 2026 WL 2150193 (7th Cir. July 27, 2026), is a food case, not a drug or device case, but it is vital reading for anyone who litigates over products regulated by the Food and Drug Administration (FDA). In litigation involving regulated products, the fact of such regulation is usually a
Dressen v. AstraZeneca Pharmaceuticals LP, 2026 WL 2122898(10th Cir. July 23, 2026), extends to four weeks our streak of discussing favorable vaccine decisions – this time involving product liability.
In a well written, fully reasoned, reported decision, the Tenth Circuit reversed the worst Public Readiness and Emergency Preparedness (PREP) Act preemption decision to arise
By taking a look at Akerlund v. Atlas Air, Inc., 2026 WL 1993146 (11th Cir. July 10, 2026), that makes this the third straight week in which we are pleased with a sensible vaccine decision. In this published case, the Eleventh Circuit affirms that an airline’s COVID-19 vaccination mandate did not subject its employees who
This makes two weeks in a row with vaccine cases. Last week we discussed yet another Constitutional challenge against mandatory vaccination. This week we look at Nguyen v. Sec’y of Health and Human Services, 2026 U.S. Claims LEXIS 1650 (U.S. Ct. Fed. Claims June 22, 2026), a federal circuit Vaccine Act compensation case. Such
Lately, weirdly, sadly, some people have suggested that the Enlightenment was a mistake. They contend that an overemphasis on rationality robbed humanity of feeling, faith, etc. What drivel. Every day of the week, we’ll take Voltaire over any pretend-King, data over dogma, and science over stupidity.
Thus, we are pleased with Miller v. McDonald
Few issues are as currently controversial as gender affirming care. For some people, the incongruence between gender identity and sex assigned at birth can cause clinically significant distress, recognized as “gender dysphoria” by the American Psychological Association. Treatment can come in various forms, such as social transitioning or medical intervention, which might include chemical treatments
Our title comes from a famous scene in the movie, A Bronx Tale. Rowdy bikers tear up a bar in the Bronx. The proprietor, played by Chaz Palmientieri, proceeds to administer old school mob justice. Enjoy the fun here.
When you live in a place with a climate as splendid as California’s, where