Bexis knows to throw us the cases that are a bit off center. We gleefully gobble up the criminal cases, forfeiture cases, and other weird ones that are not exactly in the heartland of product liability litigation. We like those cases because they prompt us to think differently, to look at legal disputes with eyes
Preliminary Injunction
Two New Appellate COVID-Related Developments

Each of these cases is significant enough to merit its own post, but since they came down within a week of each other, we’re discussing both of them here. They are: Gahl v. Aurora Health Care, Inc. ___ N.W.2d ___, 2023 Wisc. LEXIS 137 (Wis. May 2, 2023), and M.T. v. Walmart Stores, Inc., ___ P.3d ___, 2023 WL 3135662 (Kan. App. April 28, 2023).Continue Reading Two New Appellate COVID-Related Developments
FDA’s Brief To The Fifth Circuit in the AHM Case Is Worth A Read

Attempting to stay up on every filing in every medication abortion case could be a full-time job these days. We have one of those already, so we tend to stick to court rulings. The filings in the Fifth Circuit on the AHM appeal are something of an exception. In addition to party briefs, the…
Two Recent COVID-19 Wins

We’re happy to report on a couple of favorable decisions involving some of the COVID-19-related issues that the Blog has been covering. We have one each on ivermectin injunctions, Shoemaker v. UPMC, ___ A.3d ___, 2022 WL 4372772 (Pa. Super. Sept. 22, 2022), and vaccine mandates, Children’s Health Defense, Inc. v. Rutgers, 2022 WL 4377515 (D.N.J. Sept. 22, 2022).Continue Reading Two Recent COVID-19 Wins
Fla. Ct. of Appeal Refuses to Force Mayo Clinic to Treat Covid Patient with Ivermectin, etc.

Don’t stop us if you’ve heard this before, because we know you have. Plaintiffs cannot compel hospitals to treat Covid-19 patients with ivermectin.
A Florida appellate court recently joined courts in Delaware (we wrote about the Delaware case here), Michigan (here), New York (here), and Texas (here) in…
Guest Post – CMS Health Care Staff Vaccination Rule Enforceable as Challenges Continue

Today’s somewhat unusual guest post is by Reed Smith‘s Matt Loughran. It concern’s the Supreme Court’s 6-3 decision to permit the government to continue enforcement of its requirement that healthcare workers (at least those in facilities that accept Medicare/Medicaid, which is most of them) be vaccinated to avoid infecting themselves and their patients…
Michigan Appellate Court Won’t Force Hospital to Administer Ivermectin to Covid Patient
No Preliminary Injunction for Student Who Refuses to Heed Private College’s Vaccine Mandate

We take a break from assembling Halloween costumes for the Drug and Device Law Little Rescue dogs – a UPS worker, complete with cardboard parcel, and Batwoman – for another great decision involving a plaintiff’s opposition to a vaccine mandate. A number of recent blogposts have reported unsuccessful efforts by anti-vaxxers to enlist judicial support…