Not long ago, an EPL (evil plaintiff lawyer) relayed to us that, based on reading our posts, another EPL had assumed we had a particular political view.  As we laughed at the notion, we pondered the issues of assumption and incomplete information.  Much like the old quip about what happens when you assume, many assumptions

Truly unique cases are, well, unique. Most cases involve variations or combinations of cases we have seen before. Sometimes you get different results between two decisions on basically the same case with a single fact different. In February, we posted on an Eastern District of Pennsylvania decision on a motion to dismiss in a case

Almost two months ago we posted on the magistrate’s Report and Recommendation in Drescher v. Bracco Diagnostics Inc., 2020 WL 699878 (D. Ariz. Jan. 31, 2020).  Back when our co-workers didn’t include furry, four-legged friends.  When we weren’t also re-learning high school geometry.  And when pajamas and slippers weren’t acceptable work attire.  Many things

We’ve brought you some great news from the gadolinium contrast agent litigation last year and the hits just keeping on coming.  This time out of federal court in Arizona.  And while the court is giving plaintiff another stab at re-pleading her case, we are doubtful plaintiff will be able to cure the deficiencies identified in

Patchwork is a type of needlework that involves sewing together pieces of fabric into a larger design, usually based on some repeating pattern.  The fabric pieces can be different shapes and different colors that are then pieced together.  Evidence of patchwork was found in Egyptian tombs.  We tend to think of it more in terms

Now that federal court pelvic mesh cases no longer disappear into that black hole that was the multidistrict litigation, the difference seems almost like daytime after a long, dark night.  Rather than piling up on the docket for years – unreviewed and inert (except for adding to the settlement pressure of large numbers), these complaints

More than ten years since the Supreme Court wrote Twombly and Iqbal, the power of those two decisions remains strong enough to roll over almost any claims that dare to show up without supporting facts. The plaintiff in Shapiro v. NuVasive, Inc., 2019 U.S. Dist. LEXIS 191373, at *4-5 (S.D. Fla. Nov. 5,