There are two main questions that surround the issue of all-vaccinated juries in the COVID-19 era. The first is can you seek to exclude non-vaccinated persons from the venire for cause. The second is do you want to. At just about every CLE program we attend these days, whether in person or electronically, where judges
Now in this Winter of Covid discontent, made inglorious by the silliness and selfishness of anti-vaxxers, we warm ourselves with a look back at how a court dismantled the absurd arguments challenging vaccine mandates. Sure, we have written about similar cases a lot lately – here for example. “Yet once more, O ye laurels, and
We’ve commented extensively on COVID–19–related vaccination cases, because vaccines are prescription medical products. We haven’t commented on another aspect of litigation intended to sabotage public health efforts to combat the COVID-19 pandemic – attacks on masking requirements − mostly because masks don’t require prescriptions. The kind of masks involved in
Four times in the past several months (here, here, here, and here), we have reported on cases in which plaintiffs have sought injunctions that would compel hospitals to administer the anti-parasitic drug ivermectin to COVID-19 patients. Today we report on another such case, Texas Health Huguley, Inc. v. Jones,
Now that a childhood COVID-19 vaccine has received FDA approval, the vaccination of school-aged minors is underway. Just as vaccination requirements for adults have prompted a wave of litigation, we expect the same with respect to COVID-19 vaccination as a prerequisite to attending primary schools. But with a twist. Unlike adults who ignore mandatory
With November representing the 18th month of socially distanced litigation, we thought we’d take a look at what courts have said about remote (usually Zoom) depositions. Like it or not, we think they’re here to stay.
Yes/No
The first question is whether or not to have them. Can one side impose them unilaterally?
The answer
We take a break from assembling Halloween costumes for the Drug and Device Law Little Rescue dogs – a UPS worker, complete with cardboard parcel, and Batwoman – for another great decision involving a plaintiff’s opposition to a vaccine mandate. A number of recent blogposts have reported unsuccessful efforts by anti-vaxxers to enlist judicial support
California is called the land of fruits and nuts, but the Harry and David Company – esteemed purveyor of fruits, nuts, and other delicacies – calls Oregon its home. Oregon gave us Tonya Harding and Ndamukong Suh. Oregon is also the only state besides New Jersey that forbids motorists from pumping their own gas.
We
Last week the Third Circuit became the first federal appellate court to decide the question of whether federal courts have jurisdiction over COVID-related tort litigation. It concluded they did not. Maglioli v. Alliance HC Holdings LLC, — F.4th –, 2021 WL 4890189 (3d. Cir. Oct. 20, 2021). A decision directly at odds with
We have tried to be pretty balanced in addressing a number of decisions over the last few months relating to lawsuits brought by the euphemistically labeled “vaccine hesitant” and their brethren who advocate aggressively for entitlement to “alternative” medical treatments like anti-parasitic (veterinary) drugs. We have been restrained in treating these lawsuits as having been