Many years ago an especially wise in-house lawyer (he is a reader of the blog, and we know he will understand that this reference comes from respect, not sycophancy) told us that law firms angling for his business usually aimed their pitches incorrectly. Lawyers love to brag about their trial prowess. That turns out to
Settlement
Rule 23(d) Strikes Again—This Time For The Good Guys
We brought you yesterday an example of a district court using Rule 23(d) to order a curative action vis-à-vis a putative class, but not in a good way. In that case, a medical device manufacturer initiated a recall of certain lots and published recall information for patients, in coordination with the FDA. Some enterprising plaintiffs’…
Supreme Court Curtails Plaintiffs’ Ability To Avoid Repaying Medicaid
Although it is not a drug/device case (if it were, we would have discussed it before now), the recent Supreme Court decision in Gallardo v. Marstiller, 142 S. Ct. 1751 (2022), raises some interesting issues that attorneys defending personal injury action of any sort should consider. Settlement of any personal injury case involving a…
Florida Fee Fight Fascinates Fiscally Fickle Freelancers
We will not get into the details of why, but we have been thinking recently about the issue of mechanisms for shifting costs and fees. The European “loser pays” rules—into which we will not delve, either—are often cited as one of the reasons why there is so much less product liability and other personal injury…
Seventh Circuit Nixes Negligent Misrepresentation Claim Premised on Alleged Discovery Violation in Prior, Settled Case
Case Dismissed: Claims of 149 Plaintiffs Dismissed with Prejudice in Abilify MDL
We write as we prepare to head to the airport for a long weekend in Whitefish, Montana, a bit of paradise in in the Flathead River Valley of northwest Montana, just outside of Glacier National Park. As we have mentioned in other posts, Whitefish is the home of beloved friends of many decades, and we…
California Class Action Update
Class actions hold our interest, even though we do not see them all that often anymore in the drug and medical device space. Maybe we are the rubbernecking motorists who can’t resist slowing down to gaze at someone else’s fender bender. Maybe we are the children at the zoo who rush to the reptile house…