A long time ago in a law school relatively far away, we took torts as a first year law student. Many of the cases about which we learned (or were supposed to have learned) were from even longer ago and we had no idea how much some of those old cases would inform our practice.
We’ve brought you some great news from the gadolinium contrast agent litigation last year and the hits just keeping on coming. This time out of federal court in Arizona. And while the court is giving plaintiff another stab at re-pleading her case, we are doubtful plaintiff will be able to cure the deficiencies identified in
The last time we blogged about an asbestos case it was to bring you the good news about O’Neil v. Crane Co., 266 P.3d 987 (Cal. 2012) from the California Supreme Court – and our hope that it spelled the beginning of the end for Conte v. Wyeth, Inc., 85 Cal. Rptr.3d 299
Late last night we received this message from a correspondent (who will remain anonymous since we lack permission):
Hopefully the groundwork for getting Conte thrown-out has been laid. Only a matter of time. And with any luck we’ll have an opportunity some day soon.
Getting a message like that makes us sit up a little
Last week, the day the case came down, we threw up a quick post with our very preliminary thoughts about Conte v. Wyeth, which is now available at 2008 WL 4823066 (Cal. App. Nov. 7, 2008). That’s the generic Reglan case where the court held that, even though the generic manufacturer whose product the