Since we were involved in the Medtronic Infuse wars, we’ve been quite aware of Justice Gorsuch’s textualist views towards statutes since he wrote Caplinger v. Medtronic, Inc., 784 F.3d 1335 (10th Cir. 2015).  In Caplinger he got a close look at the damage the Supreme Court had done to the plain meaning of the

Today is Friday, December 20, 2019, the last day on which many of our readers will be in the office before settling their brains for a long winter’s nap.  We wish you all the very best, and our holiday gift to you today is a case about candy.  Not just any candy.  Today we bring

Did you remember that there can be express preemption for over-the-counter drugs?  We sometimes forget too, but there are really good reasons for that.  The Food Drug and Cosmetic Act includes the following provision:

[N]o State or political subdivision of a State may establish or continue in effect any requirement – (1) that relates to

We were in western Tennessee last week for an argument.   We stayed at a beautiful and venerable hotel, most famous for twice-daily “march of the ducks.” Every morning, at 11 a.m. sharp (at least 30 minutes after guests have packed the lobby), an elevator door opens, and a uniformed “duck master” leads a perfect procession