“Remembrance of things past is not necessarily the remembrance of things as they were.” – Proust

The lesson of today’s case, Racies v. Quincy Biosciences, LLC, 2020 WL 2113852 (N.D. Cal. May 4, 2020), is worth remembering. Litigation can turn on recollections, and they can be fragile. (That is undoubtedly why documents end up

We had to shake our heads at the recent 360 story entitled, “Allergan Breast Implant Risk MDL Heading to New Jersey” – the link is here for those of you with a subscription.

The idea of a “risk” MDL seems bizarre.  The story involves a particular type of cancer, and states that “four proposed class

Today is Friday, December 20, 2019, the last day on which many of our readers will be in the office before settling their brains for a long winter’s nap.  We wish you all the very best, and our holiday gift to you today is a case about candy.  Not just any candy.  Today we bring

The defense has done a good job of preventing class certification of drug and device mass torts. Individual issues of usage, causation, reliance, injury, etc. predominate over alleged common issues. It has gotten to the point where it is hard for drug and device hacks to find an interesting class cert decision. For that, we

We continue to scratch our heads over consumer class actions seeking monetary compensation when the customers received exactly what they paid for.  We see them from time to time in the pharmaceutical space, where patients claim monetary compensation even though the prescription drugs they used worked like they were supposed to with no adverse reactions.