Here at the DDL Blog, we love phrases denoting that two things are acting together or in close succession to produce a result. We have written more than once on the “one-two punch” of causation and implied preemption, and who doesn’t appreciate a good “double whammy” in whatever context? Cases with
When a federal agency reverses course, the Supreme Court has a test to determine whether that agency action is impermissibly “arbitrary and capricious.” FCC v. Fox Television Stations, Inc., 556 U.S. 502 (2009), set the current APA standard for review of federal agency flipflops. While no “heightened standard” exists under the APA for reversals
What is the meaning of our brief time on Earth? is there life after death? Is there a God? If so, why would The Almighty permit so much wickedness and suffering in the world? How can one explain the existence of contention interrogatories?
Unlike the Drug and Device Law Daughter, who attended Divinity School, we
Prologue: Many years ago, our litigation practice included representation of a couple of film studios. While it was fun to visit backlots and (literally) bump into movie stars, we discovered that discovery, research, and motion practice were not necessarily any more exciting due to involvement of above-the-line talent. Contract law is still contract law, even
The recent case of Happel v. Guilford County Bd. of Educ., 2025 N.C. LEXIS 191, 2025 WL 879618 (N.C. March 21, 2005), will probably provoke a political debate, but that is not why your friendly neighborhood DDL blog has it up for discussion today. In Happel, the North Carolina Supreme Court created an
Taking pot shots at “Big Pharma” is easy. Crack a joke about Big Pharma and you are sure to get a laugh. Amirite?
That is not to say there is never a fair point or two to be made about pharmaceutical development or marketing, or health care and the delivery of same in this country.
We are unabashedly pro-science. In our cases, we are usually on the side of good science against bad or no science. In discussing large-scale product liability litigation, we have said many times how bad science and the risk of attendant litigation can negatively impact the development of new products. Even if we were so naïve
The Vermont Supreme Court correctly applied the PREP Act last week to dismiss state-law claims arising from a COVID vaccine. See Politella v. Windham Southeast School Dist., No 23-AP-237, 2024 WL 3545717 (Vt. July 26, 2024) (to be published in A.3d). This was an easy case, and the PREP Act (aka the “Public Readiness
We are not speaking for anyone else (clients, colleagues, our firm, etc.) when we say that drug and device product liability cases should be patterned after the Vaccine Act (42 U.S.C. Section 300aa-1 et seq.). It is faster, fairer, more predictable, and cheaper for everyone. From the defense side, we like that actions under the
In simpler times for those of us of a certain age, what we learned in elementary school was often supplemented during Saturday mornings watching cartoons. While you could pick up some information watching Super Friends or Captain Caveman, the catchy songs and minimalist animation of Schoolhouse Rock! really helped to teach children a range