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
Second Circuit Upholds New York Vaccine Mandate (Again)
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
D. Mass. Greenlights States’ Lawsuit Challenging Trump Administration Anti Gender Affirming Care Executive Orders and DOJ Memos
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
Now Youse Can’t Leave: California Litigation Tourists Stuck in Delaware
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
Funding, Artificial Intelligence, and Other Bench-Bar Business
We’ve said before that plaintiff lawyers do a better job of putting together bench-bar conferences than the defense side does. It mirrors to a certain extent what goes on in the courtroom. The plaintiff side is better at showmanship. It is not just us saying that. Last week, we were at a bench-bar conference focused
Pennsylvania Superior Court Nixes Consolidated Trial
The more the merrier is not always true. Ask any defendant in a trial that consolidates the claims of multiple plaintiffs. The existence of multiple plaintiffs can conjure up an inference of guilt. If you are accused of hurting more than one person, that seems to increase the chance that the factfinder will conclude that
S.D. Ohio Dismisses Device Case for Lack of Personal Jurisdiction
Whenever defense hacks get together, the conversation inevitably turns to horror stories about hostile jurisdictions. There is another word for those jurisdictions, and you know it well. We’ll mangle a phrase from the poet William Blake and call those jurisdictions satanic litigation mills. There’s a chance we’re headed for such a place soon, a place
SCOTUS Roundup
That title might be overblown, because we are discussing only two cases. But one of them is the Roundup case, and we could not resist the cheesy wordplay.
Roundup is neither a drug nor device. It is regulated by the Environmental Protection Agency (EPA), not the Food and Drug Administration (FDA). Nevertheless, the Federal Insecticide
Third Circuit Upholds Rule 702 Admissibility of Probabilistic Genotype Evidence
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