Okay, retail shelves don’t have eyes. We coined that phrase to mimic the title of the Wes Craven films featuring desert mutants and the horror they impose on unsuspecting travelers. We watched the original 1977 film The Hills Have Eyes while traveling a few years back and thought it was not that great. Imagine then
District of Columbia
Mostly Good Preemption Decision Out of the District of Columbia
We write on a gorgeous spring day in suburban Philadelphia, with Passover imminent for us and Easter for many we love. Today’s decision contains more than enough “good” to sustain the positive vibe. Ward v. Zoll Lifevest Holdings LLC, 2021 WL 7907066 (D.D.C. Sept. 20, 2021) is a D.C. District case from last September…
Bid To Impose Liability On Trade Association Fails
In the movie Thank You for Smoking, lobbyists for the tobacco, alcohol, and firearm industries got together periodically at a DC watering hole to swap stories about the challenges of representing unpopular clients under increasing scrutiny by the federal government. Hilarity ensued, along with some other stuff we do not remember very well. Of course,…
“Could This Be the ENDS of Buckman?” Mused The Vaped Crusader
In the ever-extending period of working from home and social distancing, we have spent some time watching various exemplars of the “superhero” genre and noted that the uber kitschy afterschool and weekend morning staple of our youth is not being recreated. (If Stevie Mac is from the Pleistocene, then our youth was in the…
Interesting Appellate Decision on Standing/Irreparable Harm
Today’s case is not our usual fare. But we’ve never seen this kind of appeal succeed before, so we’re going to spare a few minutes for something a little odd but important.
First of all, the patient and the medical device manufacturer are on the same side – they’re both plaintiffs in Alcresta Therapeutics, Inc.
Vast – Or at Least Half-Vast – Conspiracy Claim Dismissed
Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA officials, President Obama, Robert Mercer (noted Trump supporter and reputed Breitbart financier), a number of other investors, and just for good measure President and Hillary Clinton.