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
Most of the controversy in the recent decision, Hill v. Bayer Corp., 2020 WL 5367334 (E.D. Mich. Sept. 8, 2020), revolved around whether the plaintiff could assert a cause of action for failure to report adverse product events to the FDA. Like the great majority of decisions (particularly since Conklin v. Medtronic, Inc.,
We take every chance we can get to drive nails into the coffin of the Ninth Circuit’s spectacularly wrong opinion in Stengel v. Medtronic. That’s the case where the court held that federal law did not preempt negligence claims alleging that the defendant medical device manufacturer failed adequately to report adverse events to the