We are headed to Guitar Town. That’s Nashville to you. Guitars are played and guitars (including the magnificent Gibson ES-335) are made there. We aim to sample plenty of live music and hot chicken. But the reason for our trip is the Defense Research Institute (DRI) Drug and Medical Device Conference. Tomorrow we will be
Minnesota Court Holds There is No Right to Compel a Pharmacy to Dispense Ivermectin
The Minnesota State Fair, the biggest in the country, is going on now. If you are lucky enough to attend, you can check out the butter sculptures, eat cheese curds, gaze at seed portraits of Prince, wave hello to our law school classmate Senator Amy Klobuchar, eat cheese curds, ride the big slide (though you
M.D.Fla. Puts Consumer Fraud Case against “Non-drowsy” Cough Syrup to Bed
If we advertised our blog as being non-drowsy, would that be false advertising? We hope not.
In Amara v. Publix Supermarkets, Inc., 2022 WL 3357575(M. D. Fla. August 15, 2022), the plaintiff claimed that a cough syrup was falsely advertised as non-drowsy. According to the plaintiff, the cough syrup contained an ingredient called
Indiana Supreme Court Does Not Quite Adopt the Apex Doctrine, But Comes Fairly Close
Two weeks ago we blogged about the Georgia Supreme Court’s not-quite embrace of the apex doctrine limiting depositions of organization big-shots. In National Collegiate Athletic Association v. Finnerty, 2022 WL 2815848 (Indiana July 19, 2022), the Indiana Supreme Court did something similar. The Finnerty case was brought on behalf of college athletes against the
Chocolate Ice Cream Fraud Plaintiff Gets Just Desserts
In these dog days of summer, few things bring as much joy and relief as ice cream. What does ice cream have to do with drugs or medical devices? Not much, we suppose. Sure, ice cream can affect the brain and the body. Our neurons vibrate with pleasure as they travel along a rocky road
Georgia Supreme Court does not Adopt the Apex Doctrine, but comes Fairly Close
Even a meritless lawsuit can impose an enormous burden on a company. There is the ridiculous expense, of course. Legal fees and other costs of defending a lawsuit can easily add up to more money than most juries award to plaintiffs. Some of those costs can be indirect but profound. Employees who would prefer to
Mixed Bag of Pelvic Mesh Expert Rulings
We are patrolling the advance sheets for Rule 702 decisions as part of our preparation for an upcoming DRI panel. Not all of the cases are brand-spanking new and not all are wonderful. Consider Wood v. American Medical Systems Inc., 2021 WL 1178547 (D. Col. March 26, 2021), for example. It is a vaginal mesh case
D.Mass. Limits Plaintiff Experts in False Claims Act Case
We are on a DRI panel this September in Nashville discussing challenges to expert testimony, so we are especially vigilant when it comes to new cases on this subject. The rulings on expert admissibility in United States v. Biogen Idec., Inc., 2022 U.S. Dist. LEXIS 120549 (D. Mass. July 8, 2022), are not especially
Ninth Circuit is Gonna be the Ninth Circuit: Preemption, Fraudulent Joinder, and Lassitude
Nerds such as your friendly neighborhood DDL bloggers read legal decisions with excitement. We hardly seem alone in that regard, at least lately. Over the past several weeks, SCOTUS issued a series of major opinions on wedge issues, engendering widespread feelings of triumph or despair or exultation or fury. The “least dangerous branch” looks plenty
New Jersey Federal Court Applies North Carolina Law to Cut Back Pelvic Mesh Case
It is beach weather, but which beach? The Jersey shore is close, has fun boardwalks and rides, and offers the comfort of the familiar. Then again, you must pay to get on sand covered with New Yorkers. The Outer Banks are lovely, with dunes, wild horses along the surf, splendid lighthouses, and the spot where