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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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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 tend not to post much on appellate statute of limitations decisions.  There are a few reasons for that.  First, they are often very fact-specific, rarely delivering holdings with clear applications to other cases.  Second, because they can be fact-specific and plaintiffs are known to plead around defenses, good decisions on motions to dismiss are

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Given the events of the last eleven months or so, we give ourselves and other legal commentators a preemptive pass for the following situation:  you read a case, you think about how you would describe it, and you see that you have described similar cases in a similar way more than once.  This could be