Isn’t enough for standing that is.  And, likely not enough for plaintiff’s case to survive, but that question was left for another day.  We’ve done a few posts on “slack fill” which is defined by the FDA as the difference between the capacity of a container and the volume of product inside.  Slack fill lawsuits

We don’t often write about statutes of limitations because the cases tend to be fact bound and not all that illuminating on larger points of law and/or practice.  However, a case in California struck a chord with us recently because it highlights a point that we think every litigator should understand:  Tolling agreements should not

We’d like the answer to that question to be – most of the time.  But that’s too much to hope for.  After all, lawsuits are brought in California.  With its plaintiff-friendly laws, indeed, California is an often sought after venue by mass tort products liability plaintiffs.  But, according to a recent California appellate court

We have always wondered why judges are hesitant to sever the claims of plaintiffs who never should have joined their claims together in the first place.  You know what we mean—multiple plaintiffs, sometimes dozens of them, who join their claims together in one complaint based only on the allegation that they used the same or

A complaint is a plaintiff’s opening argument.  It has to contain enough substance to get plaintiff out of the gate.  Plaintiff doesn’t have to necessarily prove anything in his complaint, but he has to have factual support to back up what he hopes to prove.  Logically, any fact added to a complaint is intended to

In a significant preemption decision clipping the wings of California consumer protection plaintiffs, two identical decisions:  Borchenko v. L‘Oreal USA, Inc., ___ F. Supp.3d ___, 2019 WL 3315288 (C.D. Cal. July 18, 2019), and Borchenko v. L‘Oreal USA, Inc., 2019 WL 3315289 (C.D. Cal. July 18, 2019) (differing only by docket number, as

You’ll find plenty of decisions from the amiodarone litigation discussed on the blog.  Not surprisingly, because it is a generic drug, they almost exclusively focus on Mensing preemption – or we should say on plaintiffs’ attempts to bypass Mensing.  But there are cases involving exposure to the branded product as well.  And earlier this