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There has been a veritable pandemic of posts about Covid-19 regulations (vaccine mandates, restrictions on indoor gatherings, etc.) on the DDL blog as of late, so we thought we’d take a break from the craziness and report on a good, old-fashioned medical device preemption case. And yet we still found ourselves encountering a loathsome disease

Maybe we’ll keep writing about Covid-19 cases as long as there is Covid-19. That’s a depressing thought. It is depressing because Covid-19 continues to harm so many lives, both in terms of destruction and diminution. It is also depressing because so many legal challenges to Covid-19 regulations are frivolous. You might even say those challenges

California is called the land of fruits and nuts, but the Harry and David Company – esteemed purveyor of fruits, nuts, and other delicacies – calls Oregon its home. Oregon gave us Tonya Harding and Ndamukong Suh. Oregon is also the only state besides New Jersey that forbids motorists from pumping their own gas.

We

“You should’ve made a better medicine sooner” sounds like a complaint, but not a legal complaint. The FDA approves drugs if they are safe and effective; they needn’t be the best possible on the fastest schedule. If best-and-fastest were the criteria, the drug approval process would be crazy, sloppy, and frantic. Or maybe it would

Happy Birthday to the Drug and Device Law Daughter. You cannot come home from Kyrgyzstan soon enough. Fall might be the season of mists and mellow fruitfulness, but it is dismal without you. And we hope you have refrained from playing Buzkashi (headless goat polo).

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Sometimes we discern patterns in our posts. Last week

We’ll admit it: this post is written out of pure jealousy. Last week, Tauber authored a post on vaccines and set a record for DDL blogpost “hits.” It was a good, useful post, but we doubt all of the tens of thousands of hits came from legal scholars. The post made it to Reddit, and

Get a group of experienced lawyers together and it won’t be long before there is a one-upsmanship game of Crazy-Things-Judges-Have-Done. A learned and revered colleague tells the story of how he went to argue before a law and motion judge many years ago and low comedy ensued. Being a diligent sort of fellow, said learned

“There is naked Nature, inhumanly sincere, wasting no thought on man, nibbling at the cliffy shore where gulls wheel amid the spray.”

We are presently on vacation, in the place that inspired Thoreau’s words above. The meeting of land and water, deceptive solidity sitting hard by the greatest force of caprice on the planet, has