If you share your life with a dog, you know the drill. You call them by a hundred names. You talk to them like they understand every word (they might). You make decisions about their health with the same care — maybe more — than you would for yourself. So when a dog gets hurt
You’ve probably noticed there’s been a lot of soccer going on recently. We don’t purport to be experts on the “beautiful game,” but every four years we find ourselves riveted by a sport we don’t always watch and sometimes don’t understand. The expanded field of 48 teams generated lots of unexpected excitement, and we thoroughly
There’s an old joke about a guy who keeps banging his head against the wall. When asked why, he says: Because it feels so good when I stop. That’s roughly how we feel about watching defendants in medical device cases make preemption arguments under the shadow of Medtronic, Inc. v. Lohr, 518 U.S. 470
We have written before about the Taxotere eye injury MDL — and we wish we could say things were getting better. They are not.
Last December, we noted the fundamental absurdity at the heart of this litigation. Cancer patients — many of them breast cancer patients — were given Taxotere, a chemotherapy drug. The label
Ever since we reviewed the Environmental Protection Administration’s (“EPA”) 2019 decision reaffirming its prior conclusion that glyphosate does not cause cancer and, therefore, the “Roundup” herbicide did not warrant any cancer warnings, we have been convinced that state-law claims demanding such warnings were (or should be) preempted – regardless of how pro-plaintiff decisions might seek
Gadolinium is a heavy metal. Sounds ominous. But it is also the active component in contrast agents used in more than 100 million MRI procedures — and its accumulated safety record is, in the words of plaintiff’s own literature, “extraordinarily positive.” Combs v. Bayer AG, 2026 WL 1693470, at *11 n.19 (Okla. App. Ct.
A few weeks ago, we found ourselves underwhelmed by the court’s Rule 702 rulings in the Covidien Hernia Mesh MDL. Today, we can say much the same thing about its summary judgment decision. In In re: Covidien Hernia Mesh Products Liability Litigation No. II, 2026 WL 1555914 (D. Mass. June 2, 2026), the
Is there a difference between a product manufacturer and a product seller when it comes to product liability? There is in Georgia, and the Georgia Court of Appeals’ recent opinion in Taylor v. Mood Rite, LLC, 2026 Ga. App. LEXIS 240 (Ga. Ct. App. May 15, 2026), underscores that point. An entity that merely
If Rule 702 is supposed to keep unreliable expert opinions out, this decision raises a fair question: how many gaps are too many? In In re Covidien Hernia Mesh Products Liability Litigation, 2026 WL 1129617 (D. Mass. Apr. 27, 2026), the court considered a familiar lineup of expert opinions—general causation, specific causation, alternative design
The latest medical device express preemption decision, Wieder v. Advanced Bionics LLC, 2026 U.S. Dist. LEXIS 70645, 2026 WL 880370 (S.D.N.Y. Mar. 31, 2026), comes out of the Southern District of New York and involves a Class III, PMA‑approved cochlear implant.
Fluid allegedly worked its way into the device and caused a short‑circuit and device