As readers who use our No Injury Scorecard know, we’re very interested in identifying situations where plaintiffs – and especially consumer fraud plaintiffs – get dismissed because they don’t have (or don’t choose to allege) a legally sufficient injury.
Why?
Class actions, mostly. As we’ve pointed out before, the plaintiff-side class action aggregators have
This guest post was written by J.C. McElveen of Jones Day. J.C. gets all the credit for this post; your dynamic blogging duo had nothing to do with it:
On September 11, 2008, the U. S. Court of Appeals for the Ninth Circuit held, in the context of a lawsuit brought under the Price-Anderson
Regular readers know that we’ve been keeping two “scorecards” – one for drug preemption, and one for device preemption. While we continue to update the drug preemption scorecard religiously, the device preemption scorecard is no longer necessary after Riegel settled the basic preemption issues – mostly in favor of our position.
Gluttons for
Yo! What’s goin’ on over in Joisey?
It wasn’t too long ago that New Jersey was one of the last places you’d want to be in if you were a drug or device manufacturer – litigating product liability claims, that is. To some extent that was ironic, because quite a few of our drug (not