Ever since our Bone Screw days, when we used the strategy to great effect, we’ve rooted for defendants undertaking to beat post-MDL remand plaintiffs in guerrilla litigation in numerous courts across the country.  The way to do it is twofold:  On the one hand the defendant creates litigation uncertainty by hemming the other side in

Bexis has just returned from a week’s vacation in Acadia National Park in Maine.  After being rained out for a couple of days due to a stray hurricane, he climbed four mountains in three days – the Precipice Trail up Mt. Champlain; the West Face Cadillac Mountain trail up that mountain, and the Jordan Cliffs/Deer

We are watching the post-MDL-remand Bard IVC filter litigation with interest.  It bears some resemblance to the Bone Screw litigation of the late 1990s/early 2000s (except in Bone Screw, there was no MDL settlement) in that the targeted defendant is engaged skirmishes across the country.  In mass torts, the plaintiffs have the benefit of

We find ourselves, once again, hungry for good news.  We just canceled a trip to see dear friends outside of Glacier National Park because Montana hospitals are so overfilled with anti-vax COVID patients that anyone with any medical emergency risks being turned away.  Afghanistan fell to the Taliban.  And, on a more “micro” level, we

We’ve used the term one-two punch to refer to a couple different situations – Daubert wins followed by the grant of summary judgment; Mensing preemption for generic manufacturers and no innovator liability for brand manufacturers.  And we’re going to dust it off again today to refer to Couturier v. Bard Peripheral Vascular, Inc., —

Recently, in the context of an IVC filter case, the Third Circuit Court of Appeals certified two questions to the Pennsylvania Supreme Court:

1. Under Pennsylvania law, must a plaintiff bringing a negligent design claim against a prescription medical device manufacturer prove that the device was too harmful to be used by anyone, or may

Lots of cases get parked in MDLs.  There is no denying it.  It’s built into the system.  Individual cases get brought together in a single court for the purpose of consolidated pretrial proceedings.  For the most part, except for cases selected as bellwethers, that means MDLs are focused on general discovery, general experts, and general

We are going to Peoria next week.  On an airplane.  Ordinarily, this would not be newsworthy, but we are irrationally excited to be taking this step toward normalcy.  We have long comforted apprehensive young lawyers by assuring them that any event provoking fear would soon recede into the past tense.  The last year did not