We can hardly think of a more useful recent law review article than D. Capra & L. Richter, “The Difference a Year Makes: The Admissibility of Expert Opinion Testimony under the 2023 Amendment to Federal Rule of Evidence 702,” 111 Cornell L. Rev. 127 (2026). Here is an online link. The authors are affiliated
N.D. Cal. Dismisses Device Claim for Lack of Defect
Perez v. Apyx Medical Corp., 2026 WL 2691359 (N.D. Cal. Sept. 14, 2026), is a product liability suit alleging misrepresentations about off-label use of a company’s cosmetic surgery §510(k) device. That, at least, is how we read the complaint. The court read the complaint a bit differently. The opinion was authored by the Judge
Court Rules Out Asset Forfeiture in FDCA Misbranded Drug Case
Our entering class of C.D. Cal. federal prosecutors back in 1992 was made up of an interesting cast of characters. Those Assistant United States Attorneys went on to become general counsels, judges, professors, and lowly bloggers. Most of the cohort came from BigLaw. Young lawyers were willing to halve their Skadden/Munger/Gibson/A&P etc. salaries so that
State of the States (Rankings, part 2)
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
Riding/Rating the Circuits
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
North Carolina Statute of Limitations Ends Medical Device Case
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?
Seventh Circuit Reverses Dismissal of Zero Sugar Yogurt Consumer Deception Lawsuit after FDA Reverses its Position on What Constitutes Sugar
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
Tenth Circuit Holds that PREP Act Preempts Vaccine Breach of Contract Claim
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
Eleventh Circuit Upholds Airline Employee Vaccine Requirement
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
Vaccine Claim Flunks General Causation
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