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We have not written much on data privacy lately, but it remains a hot topic and one that changes rapidly as governments around the world (including numerous U.S. states) enact new data privacy laws.  One thing that has not changed is the standard for proving a data privacy breach under California’s medical confidentiality statutes.  For

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Almost a year ago we wrote a post called Learned Intermediary – Not Just for Failure to Warn about a California putative economic loss class action that was dismissed for failing to plead any allegations about whether the drug manufacturer had adequately warned plaintiff’s prescribing physician.  Fast forward about 9 months and we posted about

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When we say “bananas,” today’s case is actually about bananas, that herb people tend to call a fruit.  It is also quite unusual and complicated.  Because it also involves some tragic underlying events, our quips are done.  A bit of etymology is warranted, though.  We used the term “judge-made law” in the title and that

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We were talking the other day with a colleague with whom we have been in the mass tort trenches for most of the last 20 years, and she observed that “it’s not about the tort anymore.”  Well, it is, and it isn’t.  We still see cases, sometimes in very large numbers, involving drugs and medical

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Some things were never meant to go together.  Oil and water.  Ice cream and ketchup.  Harry Potter and Lord Voldemort (although fans of the books will quickly point out that Boy Who Lived was actually linked inextricably to his arch enemy).  Picnics and honey bees.  Elected officials and the power to borrow money.  You get

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To bring suit in federal court, a plaintiff must have “Article III standing.” That is to say, the plaintiff must have a personal stake in the suit’s outcome. This is true whether a plaintiff is suing individually or as a member of a class.

Late last week, in TransUnion v. Ramirez, — S. Ct.

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One of the intriguing things about cases decided by a jurisdiction’s highest court is that pronouncements by such courts can often have far-reaching implications.  Sometimes they pan out, as the application of the First Amendment to the FDA’s ban on off-label promotion seems to be doing following Sorrell v. IMS Health, Inc., 564 U.S.

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In Knapp v. Zoetis Inc., 2021 U.S. Dist. Lexis 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