Last week we brought you both the federal and state court decisions in the Incretin Litigation granting summary judgment on the grounds of preemption.  But that was not the only obstacle in plaintiffs’ way.  Even if the claims were not preempted, plaintiffs’ experts fell woefully short of the mark.  Today we bring you part two

It seems fitting that if we are going to talk about a one-two punch, we acknowledge the passing of boxing legend Marvelous Marvin Hagler.  The undisputed middleweight champion from 1980 to 1987 whose boxing career started in Massachusetts but who started out a New Jersey boy.  Only Jersey Understands Jersey!

From New Jersey to Alabama

The hip implant litigation, Rouviere v. DePuy, has already given us one of the classic opinions on the COVID-19 “new normal” in litigation practices.  See Rouviere v. DePuy Orthopaedics, Inc., ___ F. Supp.3d ___, 2020 WL 3967665 (S.D.N.Y. July 11, 2020) (blogged about here).  That decision was prompted largely by the plaintiff’s

That’s how Maryland’s highest court chose to characterize its gradual move from Frye to Daubert – a drifting process.  Like the way the ocean drifts ashore as the tide is rising.  Creeping a little higher, each wave covering and absorbing a little more of the beach.  As it slowly inches toward your chair where you’re

It is an old legal adage that hard cases make bad law. One could also say that big cases make bad law, especially if by “big” we include Multi-District Litigation (MDL) cases. When a federal judge is suddenly in charge of thousands of cases, that judge will too often start thinking more like a manager