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Over the past seven weeks we have been sports-starved. Back episodes of The Great British Baking Show do not quite make up for missing the start of baseball season and the NBA and NHL playoffs. But two things have ridden in to the rescue: (1) The Last Dance, the ESPN ten-part documentary about the

Personal jurisdiction seems to be the defense tool du jour in mass torts. The Bauman and BMS SCOTUS cases brought a new dawn. But let’s not forget the biggest hammer in the defense toolbox: preemption. How nice to lay eyes on a case that applies both of these defenses.

Doe v. Bausch & Lomb

Happy non-tax day.

A new workplace makes for a new workday. Thanks to the pandemic, the new workplace is home. With the many beckonings of family or chores or television or, most seductive of all, the refrigerator, the workday at home is filled with interruptions. We Big Law drones learned long ago that our jobs

Some states seem stronger on FDA preemption than SCOTUS was in the Wyeth v. Levine decision. For example, Michigan, New Jersey, and Texas prevent or limit the ability of plaintiffs to sue over an FDA-approved drug, including attacks on the FDA-approved label. See, e.g., Texas Civ. Prac. & Rem. Code Ann. § 82.007. Sometimes

Last week we discussed the Jacob v. Mentor Worldwide, LLC case, in which a pro se plaintiff alleged injuries from breast implants and complained that the manufacturer had inadequately warned of the risks. The claim boiled down to an attack on the FDA-approved labeling of a class III medical device, and that meant it was

No writer made as strong an impression on us in high school as Albert Camus. The opening of The Stranger is arresting: “Mother died today. Or maybe it was yesterday, I don’t know.” Our teacher pronounced The Plague to be an even better book, and he often quoted the bit about how we had “to

Here comes another one of those “mixed bag” cases and, being in the bag for the defense side, we are determined to emphasize our favorite parts of the bag, In O’Neil v. Argon Med. Devices, Inc., 2020 U.S. Dist. LEXIS 26043 (NDNY Feb. 13, 2020), the plaintiff sued because her IVC filter could not