We begin by introducing a new Drug and Device Little Rescue Dog. We lost the oldest of our rescued angels – a perfect soul we will miss as long as we are breathing – in the fall. Our other dog was sad and lonely, so we set out to adopt a companion for him. Our
In general, people do not like to have to repeat themselves. It is unavoidable. Sometimes your audience is rightfully (or wrongfully) distracted. Sometimes you aren’t that clear. Sometimes you lose your zoom audio connection and have to start over. Sometimes you don’t notice your daughter’s earbuds are in and that she’s been watching a YouTube
Today, we chronicle two more decisions from the Zantac MDL. Once again, kudos to this MDL transferee judge for outstanding willingness to tackle legal issues, and decide them, at an early stage of the litigation. Because we’ve gone through these issues before, here and here, we discuss these latest rulings in one post.
Chronicle
We find ourselves, once again, hungry for good news. We just canceled a trip to see dear friends outside of Glacier National Park because Montana hospitals are so overfilled with anti-vax COVID patients that anyone with any medical emergency risks being turned away. Afghanistan fell to the Taliban. And, on a more “micro” level, we
To find bloggable cases, we (well, Bexis) read a lot of cases that don’t turn out to be sufficiently significant to be bloggable. Even those cases of lesser interest can alert us to trends, if the same issue or argument crops up repeatedly. One of those is the TwIqbal concept of a “shotgun complaint” –
Still more Zantac MDL dismissal orders.
Today’s installment grants dismissal of the plaintiffs’ medical monitoring claims, and also sheds some light on the questionable factual basis of everything being asserted in this MDL. As we’ve pointed out in our prior posts (such as this one), plaintiffs allege that the active ingredient in this drug
It has been a while since we saw a movie in a theater. That is one aspect of the oft-discussed return to normality that appeals to us. When we saw a trailer recently for The Many Saints of Newark, a prequel to old HBO mainstay The Sopranos, it piqued our interest. It even made us
There are some basic rules for medical product liability litigation, at least as we—and the vast majority of courts—see it. One is that the manufacturer of the medical product that the plaintiff used and allegedly injured her is typically the right defendant. Part of what a potential plaintiff is supposed to do during the statute
None of us are perfect. Briefs get filed with typos. Letters go out mis-dated. It happens. Emailing and texting are prone to informality, abbreviations, and let’s face it, bad grammar, that should be guarded against creeping into professional writing. Above all else, there is the potential pitfall of the “cut and paste.” Afterall, who wants
A little over a year ago, the Southern District of New York dismissed a multi-plaintiff amiodarone suit primarily on the grounds of preemption. We discussed the decision in our post on lessons learned from the Amiodarone Litigation. Now we can add to those lessons the Second Circuit’s affirmance of the dismissal. Notably, the appellate