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It is a simple fact that product liability plaintiffs almost always prefer state court and product liability defendants almost always prefer federal court.  This is a major reason why removal fights, sometimes intertwined with personal jurisdiction fights, happen so often in these types of cases.  Another reason is that product liability plaintiff lawyers like to

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We reported a few months ago on oral argument in the California Court of Appeal in Gilead Life Sciences v. Superior Court, where the parties argued about whether California law recognizes a broad “duty to innovate.”  At issue was whether a product manufacturer could be liable to patients taking one drug for failing to

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California’s Proposition 65 has become a poster child for ineffective and counterproductive over-warning.  You know what we are talking about.  Prop 65 is the voter-enacted law that requires businesses to warn Californians about significant exposures to chemicals that allegedly cause cancer or birth defects.  See Cal. H&S Code § 25249.5 et seq.  A decent idea

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We say today’s case is about SIRVA (shoulder injury related to vaccine administration), but plaintiff tried her best to run from that allegation in her opposition to defendants’ motion to dismiss.  That’s because a SIRVA case runs up against not only a preemption obstacle, but also serious duty and causation barriers.  But since the court