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To our readers:
Sorry about that.  Blogger was down for almost 24 hours yesterday and this morning.  In almost five years, we’ve never experienced that during business hours.  Anyway, that combined with Bexis having to fly to the west coast for the ALI annual meeting, kept us from posting until now.
Here’s the post we

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We’re pleased by the dismissal of Myers-Armstrong v. Actavis Totowa LLC, 2009 WL 1082026 (N.D. Cal. April 22, 2009). In M-A, the defendant was basically shut down by the FDA over Good Manufacturing Practices issues at its plant. The defendant recalled over 100 drugs (it was a generic manufacturer) at the wholesale, but

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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

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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