We do not care much about car racing. Sure, we have seen some parts of some races on television, had toy racecars in our remote youth, and have craned our necks to see a few fancy “street legal” versions zooming past. However, we have never attended a race in person and do not follow any
Bostic v. Ethicon, Inc., 2022 WL 952129 (E.D. Pa. March 29, 2022), is a Pennsylvania mesh case raising a host of familiar issues in a motion to dismiss context. The complaint is of the typically overpleaded (14-count) variety. Dickens was not really paid by the word, but plaintiff lawyers seem to think they might
We report, with excitement and apprehension, that we have tickets to see Hugh Jackman as Harold Hill in The Music Man next month on Broadway. The Drug and Device Law Dowager Countess blushes and giggles at the mention of Jackman, and the outing seemed a worthy one, not without apparent urgency given time’s ravages (the
We begin by introducing a new Drug and Device Little Rescue Dog. We lost the oldest of our rescued angels – a perfect soul we will miss as long as we are breathing – in the fall. Our other dog was sad and lonely, so we set out to adopt a companion for him. Our
The Drug and Device Law Daughter has told us more than once that the future will see a vast expansion of animal rights. Animals are capable of suffering, and even if they will never be accorded the exact same civil rights as people (who are, after all, also animals), surely we will find ways to
We find ourselves, once again, hungry for good news. We just canceled a trip to see dear friends outside of Glacier National Park because Montana hospitals are so overfilled with anti-vax COVID patients that anyone with any medical emergency risks being turned away. Afghanistan fell to the Taliban. And, on a more “micro” level, we
We have news to report. No, we don’t mean the resignation of New York’s governor, though we can’t say we’ve shed many tears. And we certainly don’t have much good news about Greece, where we are supposed to be headed in a few weeks. Between Delta (Greece is now back in the CDC’s “Level Four”)
Sometimes a case has one bright shining point floating in a sea of not-so-good ones, or a stand-out result lost among outcomes that should have gone the other way. That describes Isaac v. C.R. Bard, Inc., No. A-19-CV-895, 2021 WL 1177882 (W.D. Tex. Mar. 29, 2021), a case remanded from the Bard IVC filter
It may be tempting to dismiss as boilerplate the “choice of law” discussion that precedes the “standard of review” in a typical brief. But while choice of law may not always be challenging or pivotal, just as often it is both. Today’s case, Peterson v. C.R. Bard Incorporated, 2021 WL 799305 (D. Or. Mar.
The Pelvic Mesh MDLs are now all but over, with all but a few stragglers either settled or remanded. But the specious logic used in that litigation to overturn decades of precedent that had recognized compliance with FDA regulatory actions as relevant and admissible evidence, is still afoot to haunt medical device manufacturers. As we’ve