News about the long‑running talc MDL has developed since, but the opinion we discuss today (In re Johnson & Johnson Talcum Powder Prods. Mktg., Sales Pracs., & Prods. Liab. Litig., 2026 U.S. Dist. LEXIS 162870, 2026 LX 335455, 2026 WL 2111340 (D.N.J. July 22, 2026)) is worth a look. It is a prime
When we ranked Trejo v. Johnson & Johnson, 220 Cal. Rptr. 3d 127 (Cal. App. 2017), as the second best drug or medical device case of 2017, we celebrated the opinion as the first to rule that federal law preempted a design defect claim involving an over-the-counter drug. We did not expect to
On the internet, “because reasons” is the default when you don’t have the time or energy to explain why something is correct, but you are sticking with your viewpoint nonetheless.
It is the opposite of what our profession expects from lawyers and the courts: We all are supposed to explain, with crystalline clarity, why our