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
EDNY Holds Insulin Pump Claims Preempted
Medical device preemption should be straightforward. The statute could not be clearer. Federal regulation supplants state laws that would impose requirements that are different from or in addition to the federal requirements. But the law has evolved into a bit of a mess, with misreadings of certain approval/clearance pathways and inventions of exceptions, such as
Michigan Ct. App. Holds that PREP Act Preempts Claim against Tainted Remdesivir
Covid-19 is not over. Per doctor advice (namely, that geezers whose primary form of exercise consists of removing Meursault corks should do their best to avoid Covid) we recently received yet another Covid-19 jab. We’re not up to double digits yet, but cannot be far from it. For those of you who would gleefully castigate
E.D. Texas Invalidates FDA Effort to Regulate Lab Tests as Devices
These days there are two topics that dominate legal conferences, presentations, and CLEs: artificial intelligence (AI) and Loper Bright. You will doubtless see us frequently bloviate about the former, but today’s case – American Clinical Laboratory Ass’n v. Food and Drug Administration, 2025 U.S. Dist. LEXIS 59869, 2025 WL 964236 (E.D. Tex. March
N.C. Supreme Court Refuses to Extend PREP Act Preemption to Constitutional Claims
The recent case of Happel v. Guilford County Bd. of Educ., 2025 N.C. LEXIS 191, 2025 WL 879618 (N.C. March 21, 2005), will probably provoke a political debate, but that is not why your friendly neighborhood DDL blog has it up for discussion today. In Happel, the North Carolina Supreme Court created an