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One of the stock P-side responses, in the post-Bauman personal jurisdiction environment, to a jurisdictionally-based motion to dismiss is to seek “jurisdictional discovery” – the more onerous the better – in an attempt both to slow the often-inevitable dismissal and also to drive up the nuisance value of the case.  That’s the main reason that on our personal jurisdiction cheat sheet we note when jurisdictional discovery is denied.

Continue Reading Jurisdictional Discovery Is Not Bigger in Texas

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This post is from the non-Dechert side of the blog.

After more than a month away at trial, we probably should not have picked a case that hit so close to home, so to speak.  Spear v. Atrium Medical Corp., — F. Supp. 3d –, 2022 WL 3357485 (E.D. Pa. Aug. 12, 2022), is

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We came across something the other day that we don’t see very often, or really ever. The plaintiff in a medical device case served a request to inspect the two defendants’ manufacturing facilities, claiming that he was entitled to observe the premises where the device was made.  Not so fast, said the defendants.  And with

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Two weeks ago we blogged about the Georgia Supreme Court’s not-quite embrace of the apex doctrine limiting depositions of organization big-shots.  In National Collegiate Athletic Association v. Finnerty, 2022 WL 2815848 (Indiana July 19, 2022), the Indiana Supreme Court did something similar.   The Finnerty case was brought on behalf of college athletes against the

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One of the problems with so-called Lone Pine orders in MDLs is timing – they are usually entered way too late, more as vehicles to enforce settlements than as any genuine effort to weed out the large number of bogus cases that everyone, including plaintiffs, admits are present in MDLs.

We can’t say that the

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Counsel defending depositions have a decision to make – whether, after opponent’s the direct examination of the witness is complete, whether to “cross-examine” a witness aligned with our own client.  Usually, the answer will be “no,” because such questioning usually offers no advantages and could well undermine the witness (who may lose focus under friendly

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MDL defendants in prescription medical product liability MDLs have been complaining for years about thousands of cases being brought without the slightest pre-filing vetting – “plaintiffs” who cannot establish that they ever actually used the products of the defendant(s) they have sued and/or who similarly have no proof that they suffered the injury(ies) as to

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As a follow-on to our post last year about remote (Zoom) depositions), we received a suggestion that we examine MDL orders to see how they have been handling remote deposition procedure during the COVID-19 pandemic.  That made sense to us because in MDLs every procedural jot and tittle is gone over with a fine-toothed comb.