As we age, we sometimes forget how things used to be. It is not just age-related deterioration of the synapses in our hippocampi. (We do question why hippocampi and hippopotamuses are the preferred plural forms these days and why more anatomic structures are not named for things like seahorses.) There is also a recency effect.
It’s football season! That means beautiful fall weather, tailgating, pots of chili, rooting your favorite team to victory, and wallowing in their losses. It’s Army v. Navy and Ohio State v. Michigan. It’s Packers v. Bears and Steelers v. Ravens. If you are a true fan of the game, it doesn’t matter that in a
We write this as we prepare to leave for an overseas trip. We have our N95s, our face shields, and our vaccine card, along with a bit of apprehension and a large measure of giddy gratitude. It has been a long eighteen months (and counting). We’ll fill in some details next time, but we’ll sign
We are watching the post-MDL-remand Bard IVC filter litigation with interest. It bears some resemblance to the Bone Screw litigation of the late 1990s/early 2000s (except in Bone Screw, there was no MDL settlement) in that the targeted defendant is engaged skirmishes across the country. In mass torts, the plaintiffs have the benefit of
We find ourselves, once again, hungry for good news. We just canceled a trip to see dear friends outside of Glacier National Park because Montana hospitals are so overfilled with anti-vax COVID patients that anyone with any medical emergency risks being turned away. Afghanistan fell to the Taliban. And, on a more “micro” level, we
If you are one of our readers who fall into the over 50 demographic, we are going to assume that in your head you read the title of today’s post in John Houseman’s voice and you tagged it with “they earned it.” That’s because you were alive in the early 1980s when if you wanted
We’ve used the term one-two punch to refer to a couple different situations – Daubert wins followed by the grant of summary judgment; Mensing preemption for generic manufacturers and no innovator liability for brand manufacturers. And we’re going to dust it off again today to refer to Couturier v. Bard Peripheral Vascular, Inc., —
It is time for our quarterly report on doings in the Nolen IVC case in the Middle District of Tennessee. Last April, we discussed a decision in the Nolen case that was rather bad on failure to warn and rather good on punitive damages. This time, in Nolen v. C.R. Bard, 2021 U.S. Dist.
Today’s case was decided back on April 23rd, but just showed up on our radar. That made us look back to see first what we were posting about on that date (answer: Lone Pine) and second, what was the world talking about on that date (answer: Chauvin guilty verdict, surging Covid-19 cases in
Lots of cases get parked in MDLs. There is no denying it. It’s built into the system. Individual cases get brought together in a single court for the purpose of consolidated pretrial proceedings. For the most part, except for cases selected as bellwethers, that means MDLs are focused on general discovery, general experts, and general