In the third of the three significant decisions issued in the In re Zantac MDL, No. 2924, on New Year’s Eve, preemption prevailed again – this time barring claims asserted against drug retailers and pharmacists, both branded and generic.  In re Zantac (Ranitidine) Products Liability Litigation, ___ F. Supp.3d ___, 2020 WL 7864585 (S.D.

Could a tax case ever make for interesting reading? To our surprise, the answer is Yes. In our end-of-year excavation of older cases we missed when they first came out, we unearthed Rowitz v. Tax Commisioner of Ohio, 2019 WL 7489061 (Ohio Ct. App. Dec. 31, 2019). The plaintiffs in that case applied for

Sometimes we write on issues for peculiar reasons.  Today, for example, a case on a certain topic caught our eye because of its catchy name:  Clark v. Perfect Bar.  So many questions arise from this concise, yet provocative tag.  Did the owner of the 100-year-old brand Clark Bar get sideways with a modern upstart

Last week we discussed the Jacob v. Mentor Worldwide, LLC case, in which a pro se plaintiff alleged injuries from breast implants and complained that the manufacturer had inadequately warned of the risks. The claim boiled down to an attack on the FDA-approved labeling of a class III medical device, and that meant it was

No writer made as strong an impression on us in high school as Albert Camus. The opening of The Stranger is arresting: “Mother died today. Or maybe it was yesterday, I don’t know.” Our teacher pronounced The Plague to be an even better book, and he often quoted the bit about how we had “to

We had to shake our heads at the recent 360 story entitled, “Allergan Breast Implant Risk MDL Heading to New Jersey” – the link is here for those of you with a subscription.

The idea of a “risk” MDL seems bizarre.  The story involves a particular type of cancer, and states that “four proposed class