Today we’re updating our readers on new developments this month relating to three of our prior posts.

First, back in March we reported on an “Advocate’s General’s opinion” in a case before the European Court of Justice (“ECJ”).  See the original post for details, but the plaintiff was asserting the radical claim that EU

If, like this blogger, you had small children in the early 2000s, subconsciously you may have read today’s title with a Scottish brogue.  That’s because it might recall a scene from Shrek where Mike Myers (Shrek) and Eddie Murphy (Donkey) are having a philosophical conversation about the many and varied attributes of ogres.  “Ogres are

We’ve been reminiscing often lately about our days as a federal prosecutor. Part of that is pure nostalgia. Part of it is wondering about the road not taken. Part of it is explaining to others why the show Billions is so crazily unrealistic.

The Covid-19 lockdown has sent us scurrying through the streaming services in

Missouri is central to America – geographically, culturally, and politically. Some of our greatest literature came from Missouri authors (Twain, Eliot, Angelou). Media figures as unifying as Walter Cronkite and as divisive as Rush Limbaugh at one time called Missouri home. American music wouldn’t be the same without tenor saxophonist Coleman Hawkins (listen to the

Today’s case is about the clash between these two basic rules.  Before we get to the rules, we look at how we get there.  A standard defense discovery request in any personal injury litigation is:  how much are your medical bills?  This is routinely followed by:  do you have any medical liens, and if so

Back during the Orthopedic Bone Screw mass tort litigation, one of major avenues of attack on the plaintiffs’ novel claims was to pursue every state-law avenue for rejecting the assertion of negligence per se predicated on supposed violations of the Food, Drug & Cosmetic Act (“FDCA”).  That approach originally led us to 21 U.S.C. §337(a),



Personal jurisdiction seems to be the defense tool du jour in mass torts. The Bauman and BMS SCOTUS cases brought a new dawn. But let’s not forget the biggest hammer in the defense toolbox: preemption. How nice to lay eyes on a case that applies both of these defenses.

Doe v. Bausch & Lomb

With apologies to Mick Jagger and Keith Richards (who wouldn’t have jurisdiction either, being UK citizens), that is what the Sixth Circuit told a pack of Spanish plaintiffs recently in In Re DePuy Orthopædics, Inc. ASR Hip Implant Products Liability Litigation, ___ F.3d ___, 2020 WL 1482384 (6th Cir. March 27, 2020).

All companies

Happy non-tax day.

A new workplace makes for a new workday. Thanks to the pandemic, the new workplace is home. With the many beckonings of family or chores or television or, most seductive of all, the refrigerator, the workday at home is filled with interruptions. We Big Law drones learned long ago that our jobs

Sometimes the DDL blog is ahead of the curve.  On more than one occasion we’ve advanced the idea that lack of personal jurisdiction should be a good defense to innovator liability in a post-BMS world.  After all, BMS held that there was no specific jurisdiction over a plaintiff’s claim just because the defendant allegedly