You know it’s going to be an interesting ride when the appellate brief reads like a conspiracy theory starter pack. Which is how we read the issues raised on appeal in Thelen v. Somatics, LLC, — F4th –, 2025 WL 2749888 (11th Cir. Sep. 29, 2025): erroneous entry of summary judgment on design
Proximate Cause
Has Albrecht Been Undone?
By Eric Alexander on
We do not mean the German Renaissance painter and thinker Albrecht Dürer. His work, while a poor cousin to that of some famous contemporaries to the south, remains as is. We mean the Supreme Court’s decision in Merck Sharp & Dohme Corp. v. Albrecht, 587 U.S. 299 (2019), which has been touted for the…
Strange Facts Make Weird Law
By Bexis on
We’ve never seen a case quite like Michaels v. Genzyme Corp., 2023 WL 8828003 (S.D. Ill. Dec. 21, 2023), before, and we hope we don’t again. Michaels took the “proximate” out of proximate cause.
Here’s why we say that. Michaels was filed in 2023 over “a paternity test that was conducted in 1989.” Id.…