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We defend drug and device manufacturers. Our cases involve drugs and devices. Not surprisingly, we tend to cite drug and device decisions. But there is no reason to ignore helpful decisions arising in other contexts. The case we report on today—Jimenez v. Holiday CVS, LLC, 2023 WL 4251176 (S.D. Fla. 2023)—is such a

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By the time of a Fourth Amended Complaint, a plaintiff is bound to get things right, right?  Wrong.  In Greenwood v. Arthrex, Inc. et al., 2023 WL 3570436,(W.D.N.Y. May 19, 2023), the plaintiff claimed that a medical device burned her during surgery.  She filed one, two, three, four, and, ultimately, five complaints under New

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A plaintiff lawyer recently filed a case against our client in North Carolina.  He has made a settlement demand that any rational observer would regard as ambitious to the point of outrageous.  Despite that crazy number, we are on fairly friendly terms with the plaintiff lawyer. We jawbone at each other in a generally good

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Montana became the first state to ban TikTok this month.  You no doubt have seen the press and have read the spirited discussion condemning foreign spies on the one hand and championing First Amendment rights on the other.  Litigation has already commenced.  But, while all that was developing, you may have overlooked that Montana

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If we have said it once, we have said it a hundred times:  medical product manufacturers are not insurers of their products.  Almost as frequently uttered would be that strict liability is not the same thing as absolute liability.  In the show position might be that the temporal relationship between a new medical condition and

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Last week we saw an article on a baseball website about batters who, through umpire forgetfulness or whatever, were not called out until strike four.  Then we read Comatov v. Medtronic, Inc., 2023 WL 2922830 (C.D. Cal. March 16, 2023), in which the court did not call a complete and final stop (like what the teenagers

Photo of Stephen McConnell

More than once have we taken note of the current plaintiff lawyer infatuation with enlisting “independent” (ha ha ha) laboratories that will manage to detect contaminants in any drug, cosmetic, or puddle of unicorn tears.  For example, see our coverage of the Zantac MDL magnum opus ruling where the court was less than impressed by