Judges should … judge. They should decide legal issues. But some judges think their primary role is to “manage” litigation. It turns out that such management often means strong-arming parties into settlement. Is that appropriate? We wondered about that. We wondered it aloud. We wondered it in the presence of one of our Summer associates,
We’ll get right to the point. In Merck & Co. v. United States Department of HHS, ___ F. Supp.3d ___, 2019 WL 2931591 (D.D.C. July 8, 2019), the court held that the direct-to-consumer pricing regulation proposed by the Centers for Medicare & Medicaid Services (“CMS”) – on which we’ve commented here, and here
We’ve mentioned before that negligence per se requires a claimed violation of a definite enactment – like a 70 mile per hour speed limit – that can substitute for the ordinary negligence “reasonable man” standard. However, we’ve never really studied it closely. Because negligence per se seems to be flowing rather than ebbing in prescription
We’ve blogged a number of times about how litigation funding arrangements involving personal injuries and mass torts collide with various ethical and statutory obligations owed by either the funders or the lawyers they fund. These all involve United States litigation. But when the New York Times reported on the questionable funding arrangements that have occurred
If preemption had a family tree, the drug and device branch would be heavy. And, as our scorecards and cheat sheets demonstrate, there are obvious sub-branches that sprouted out of major Supreme Court decisions. We have the Wyeth v. Levine, 555 U.S. 555 (2009) pharmaceutical branch; the Medtronic, Inc. v. Lohr, 518 U.S.
Perhaps you recall how President Trump campaigned on behalf of “Big Luther” Strange in Alabama. Strange had been appointed by Alabama’s Governor to fill the Alabama United States Senate seat vacated by Jeff Sessions when Sessions became U.S Attorney General. Trump supported Strange’s effort to win election to the seat in his own right for
We used to author occasional “There’ll Always Be Posner” posts, highlighting the latest ruminations of that lively, capacious intellect. But it is doubtful whether we will ever have occasion to pen another such post, since Judge Posner stepped down from the Seventh Circuit. But Judge Danny Boggs still sits on the Sixth Circuit, and he
Say what?
That’s what we thought when we ran across Restatement §920 recently – it was by accident; we were researching something else.
The 900 section of the Second Restatement of Torts is about damages, and §920 has to do with mitigation of damages:
When the defendant’s tortious conduct has caused harm to the plaintiff
We’ve blogged before about the substantive (preemption) and procedural (removal) aspects of the Eliquis MDL – both of which the defense seemed to be winning. However, we cautioned in our 2018 “Best Of” post that these favorable decisions “still face[d] an appeal.”
No longer. The appeal has been decided, and the plaintiff’s losing streak continues.