We are back from a weeklong vacation in Greece, with time split between Athens and a lovely, tiny, lightly-touristed island called Symi.  We offer these observations:

  • It is challenging, but not impossible, to enjoy the copious culinary offerings on international flights without removing one’s N-95 and face shield.
  • The fifteen-hour overnight ferry trip from Athens

As we discussed in our recent 50-state survey on failure-to-report claims, plaintiff-side allegations seeking to predicate “warning” liability on a defendant’s allegedly failing to comply with FDCA adverse event reporting claims are “relatively new.”  That’s because, like so many other novel claims we’ve seen lately, it’s a transparent dodge to avoid preemption.  We said

Today we have another guest post from friend-of-the-Blog, Dick Dean at Tucker Ellis.  He’s familiar with the ongoing Pradaxa litigation and is pleased with the preemption pummeling Pradaxa plaintiffs have been receiving.  Here’s his post about yet another favorable decision from the state-court Pradaxa proceedings in Connecticut.  With decisions like this, who needs snap

A great woman once said “When they go low, we go high.”  Apropos of nothing in particular these days, we have been thinking about the issue of tone recently.  For instance, what is the exact line between a negative political advertisement and a positive one?  Are there circumstances where a candidate might suspend negative ads

Various plaintiff-side consortia have taken it into their heads to sue every manufacturer of so-called “novel oral anticoagulants” because these products, gasp, can cause serious, and sometime fatal, bleeding incidents.  Fortunately, on the whole the plaintiffs haven’t done so well with these cases – losing almost all the trials – because jurors can be taught

So said the Connecticut state appellate court last week.  It’s a pretty simple equation.  Like No shoes, no shirt, no service.  No pain, no gainNo risk, no reward.  In other words, you can’t get one without the other.  In Ferrari v. Johnson & Johnson, Inc., — A.3d —, 2019 WL 2167849

This weekend, we are traveling to Nashville, where, decades ago, we lived for a couple of years during a period of wanderlust. Nashville was to be a brief stop-off on a cross-country driving odyssey.  But we never got any farther down the road, leaving Nashville only to reverse course and return to college (to our