Photo of Eric Hudson

Happy new year, and welcome to 2026. While we may still be pondering the meaning of auld lang syne or waxing philosophical about the new year, we’ll quickly move on  and get to work defending our clients. That’s what we do as defense hacks, and kudos to all of you for doing it so well.

We’ve written many times about plaintiffs who try (and fail) to plead injury by alleging hypothetical risks, speculative future harm, or buyer’s remorse untethered to actual loss. Today’s dismissal of a putative class action from the Northern District of California is a new year’s reminder that Article III and statutory standing remain stubbornly real requirements.  Druzgalski v. CVS Health Corp., 2025 U.S. Dist. LEXIS 265766 (C.D. Cal. Dec. 23, 2025).Continue Reading New Year, Same Old Standing Problems

Photo of Steven Boranian

We sometimes sit around trading stories about the dumbest lawsuits we have ever seen. Our personal favorite is a class action that the Drug and Device Law Spouse defended years ago seeking damages against a national shipping company because items sent by “Second Day Air” did not always go in an airplane.  The packages arrived