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
Minnesota Court Holds that Dispute with Compounder is Preempted
We are always delighted to find a case that bars a claim based on FDA preemption, but Nexus Pharms., Inc. v. IntegraDose Compounding Servs., LLC, 2022 Minn. Dist. LEXIS 1734 (Minn. 4th Dist. May 24, 2022), is unusual. It is not a product liability case. Rather, a pharmaceutical company sued a compounder for fraudulently
Acquisition of Raw Materials does not Support Personal Jurisdiction
This is called the Drug and Device Law blog, but every once in a while we discuss cases that involve neither drugs nor devices. Usually that is because those cases offer lessons applicable in our subject matter area. Or – and this is a confession – sometimes those cases are simply fun. For example, we
Plaintiffs Exit Federal Court By Exploiting Their Lack of Standing
The late chef and travel raconteur Anthony Bourdain said that great chefs pride themselves on what they can do with offal. Anybody can make a fine steak. It takes real creativity and skill to turn glands and guts into something delectable. Think of sweetbreads, tripe, or liver. No, really. A couple of weeks ago on
Wisconsin Court of Appeals Reverses Injunction Forcing Ivermectin Use
In his excellent guide to the perplexed young lawyer, The Curmudgeon’s Guide to Practicing Law, co-DDL blog founder Mark Herrmann offers all sorts of good advice. One bit that we particularly remember is that the best case authority is a reversal of a court that ruled the way your opponent wants. It’s nice to
‘Premium” Vanilla Ice Cream Consumer Fraud Case Gets Plain Vanilla Dismissal
It is hardly a compliment to describe something as “plain vanilla.” It refers to the simplest version of something, sans any extras. It is ordinary. It is not special. It is dull. And yet vanilla can be a remarkable, complex flavor. Our favorite morning Starbucks cold double shot comes with vanilla. If we get a
Illinois Court Imposes Sanctions for Invalid Precomplaint Discovery
Famous (and infamous) Illinois trial lawyer Clarence Darrow once said that he never wished a man dead, but had occasionally read some obituaries with great satisfaction. (That same quote is sometimes incorrectly attributed to Mark Twain.)
We’re no Darrow. We’ve never saved a client from capital punishment, or discredited a former presidential candidate in a
Sex, Drugs, Booze, and Contributory Negligence
Sometimes we write about a case because it is important. Sometimes we write about a case because it is novel. And sometimes we write about a case simply because it is fun. Nixon v. Kysela Pere et Fils, Ltd. et al., 2022 U.S. Dist. LEXIS 48067 (W.D. Va. March 17, 2022), tumbles into that
D. Nevada Dismisses Gardasil Vaccine Lawsuit
Happy Star Wars Day. May the Fourth be with you.
If all FDA approved medicines enjoyed the preemption protection that vaccines do, the DDL product liability litigation landscape would be leaner and less nonsensical. Flores v. Merck & Co., 2022 U.S. Dist. LEXIS 46442 (D. Nev. March 16, 2022), shows why that is so.
S.D. Ohio Dismisses Zostavax Class Action
Did you know that both LeBron James and Steph Curry were born in Ohio? So were Neil Armstrong, Halle Berry, Simone Biles, Thomas Edison, Dean Martin, Jack Nicklaus, and Steven Spielberg. (We once ran into – we mean literally – Dean Martin as he was launching himself out of a Beverly Hills restaurant. He was