In Chock v. Stryker Corp., 2025 WL 1797933 (E.D. Cal. June 30, 2025), the plaintiff mounted a TwIqbal attack against the defendant’s affirmative defenses and largely lost. The court’s opinion is short and to the point, and offers lessons. The case is particularly useful, as many of the pleaded items at issue are common. Most importantly
No Religious Exemption for Refusal of Covid-19 Vaccine Based on Specific Mechanism
What is the meaning of our brief time on Earth? is there life after death? Is there a God? If so, why would The Almighty permit so much wickedness and suffering in the world? How can one explain the existence of contention interrogatories?
Unlike the Drug and Device Law Daughter, who attended Divinity School, we
SCOTUS Permits Retailers to Appeal Denial of FDA Disapproval of Vaping Products
Skrmetti (upholding Tennessee statute forbidding gender dysphoria treatments for minors) was the SCOTUS case that got the most publicity last week, but we drug and device lawyers will always perk up most when we see the High Court issue a ruling regarding the Food and Drug Administration (FDA). That is probably one reason (though surely
Vermont Court Shuts Down State’s Broad (and Late) (and Crazy) Discovery Demands
Wouldn’t it be nice if all legal disputes could be sensible? But, alas, overreaching plaintiffs make work, make motions, and often make craziness. Sometimes those overreaching plaintiffs can be the government, and that makes things even worse.
In Hayek Medical Devices (N.Am.) v. Vermont, 2025 Vt. Super. LEXIS 117, 2025 LX 12055 (Vt. Super.
Restatement (Third) Reconsidered
Today we offer a peek at A. Twerski, “A Quarter Century after the Products Liability Restatement: Reflections,” 90 Brooklyn L. Rev. 1027 (Summer 2025). The “Restatement” under discussion is the Restatement (Third), Products Liability, and the “A. Twerski” is, of course, Aaron Twerski, the sole surviving reporter for that Restatement. Professor Twerski has written this retrospective law review
ND Illinois Holds that FDA Guidance Preempts Sugar-Free Yogurt Case
Franco v. Chobani, LLC, 2025 WL 1530996 (N.D. Ill. May 29, 2025) is a relatively rare preemption win in a court controlled by occasionally iffy Seventh Circuit law. It is also a food case, not a drug or device case. There is a lot of food-specific discussion (about different molecular structures of “sugar”). That
Don’t Say “Disingenuous”
Cordero v. Olson Assocs. P.C., 2025 U.S. Dist. LEXIS 91994, 2025 WL1383217 (D. Utah May 13, 2025), is just another FDCA case. Except it is not the Food, Drug and Cosmetic Act that is in controversy, but, rather, the Fair Debt Collection Act. The plaintiff sued several defendants, including law firms, for allegedly unlawful debt
Criminal Liability is Different from Product Liability
Bexis knows that cases like Daughtry v. Silver Fern Chemical, Inc., 2025 U.S. App. LEXIS 11431, 2025 WL 1364806 (5th Cir. May 12, 2025), hit our sweet spot. It is a civil case, but it also emits a whiff of criminal law. It purports to be, among other things, a product liability case, but it turns
Anti-SLAPP Statute Slaps Down Anti-Vax Actor’s Lawsuit
Prologue: Many years ago, our litigation practice included representation of a couple of film studios. While it was fun to visit backlots and (literally) bump into movie stars, we discovered that discovery, research, and motion practice were not necessarily any more exciting due to involvement of above-the-line talent. Contract law is still contract law, even
EDNY Requires Lanham Act Defendant to Produce Information Regarding Payments to Law Firm
Late last year we said that almost every legal conference these days has a session on artificial intelligence. It is de rigeur. That is also true with respect to litigation funding. It is a hot issue. Our Inn of Court (University of Pennsylvania) did a presentation on litigation funding that, despite the fact that