We have promised ourselves that we will stream this week’s “This Is Us” episode when we finish this blog post.  We love this series beyond reason, and we dread its imminent demise, notwithstanding the title’s grammatical transgression.  (We generally condition any sort of allegiance on correct use of predicate nominatives.)  We are struck, over and

Multidistrict litigations are big piles of wrong. Wrong incentives invite the wrong cases, the wrong rulings, and the wrong results. Plaintiff lawyers park weak cases in MDLs, counting on ultimately collecting money for cases into which they invested virtually no work. Courts encourage that dysfunctional conduct by doing everything possible to force settlements, even if

Regular readers know that, after receiving a useful guest post on Iowa learned intermediary law, we asked our readers if they would like to prepare similar detailed arguments in favor of the LIR for other states in which there was no state-court appellate law.  Here is one for Wisconsin.  It’s authored by three attorneys from

A couple of months ago we were sufficiently impressed by a guest post we received concerning Iowa and the learned intermediary rule.that we invited counsel familiar with the other states that lacked state-court appellate authority to give us their best pitch for the rule in those states.  We had volunteers for South Carolina and Wisconsin

Some product liability cases are so bad they won’t fly even in California.  Gall v. Smith & Nephew, Inc., ___ Cal. Rptr.3d ___, 2021 WL 5027197 (Cal. App. Oct. 29, 2021), is one of those.  Plaintiff alleged that the defendant inadequately warned about the alleged risks of a hip implant, or alternatively that the