We have promised ourselves that we will stream this week’s “This Is Us” episode when we finish this blog post.  We love this series beyond reason, and we dread its imminent demise, notwithstanding the title’s grammatical transgression.  (We generally condition any sort of allegiance on correct use of predicate nominatives.)  We are struck, over and

We have long thought that “direct filing” procedures in multidistrict litigation were a solution in search of a problem.  We also think direct filing procedures in MDLs pose significant waiver risks without a corresponding upside.  Alas, our inclinations were confirmed recently when the Seventh Circuit ruled that a mass tort defendant’s acquiescence to complaints filed

Bexis has just returned from a week’s vacation in Acadia National Park in Maine.  After being rained out for a couple of days due to a stray hurricane, he climbed four mountains in three days – the Precipice Trail up Mt. Champlain; the West Face Cadillac Mountain trail up that mountain, and the Jordan Cliffs/Deer

In Knapp v. Zoetis Inc., 2021 U.S. Dist. 63783 (E.D. Va. March 31, 2021), the plaintiff alleged that administration of an equine antibiotic caused his horse, Boomer, to experience “persistent lameness” and permanent damage to the “musculature in his neck.” Boomer was not okay. His condition was far from stable.

The plaintiff claimed that

Procedural considerations often decide cases.  Sometimes, weighty legal issues are reached through quirky procedural routes.  When it comes to whether state tort law provides medical monitoring as a remedy for people who do not have a present compensable injury, that is a legal (and policy) issue.  We have written many times that we think foundational

It’s pretty easy to find well-known references to home.  Home is where the heart is.  Home Sweet Home.  Homeward Bound. Lassie Come Home.  ET phone home.  Home is meant to strike up feelings of warmth, safety, happiness.  No wonder it’s all over our songs, movies, and television.  And, perhaps at no time more so then