We’ve followed, albeit fitfully, the saga of the learned intermediary rule in New Mexico. Our first post on the subject, available here, protested an adventurous (and Erie-improper) decision by a New Mexico federal district court that ignored no fewer than five decisions by the New Mexico Court of Appeals (Serna v. Roche

Several years ago (just writing that makes us feel tired) we put up a mournful post entitled In The Deserts Of New Mexico, in which we expressed our disappointment that a federal judge – any federal judge – would ignore no fewer than four intermediate appellate decisions from the New Mexico Court of Appeals and

In June 2007, the West Virginia Supreme Court refused to adopt the learned intermediary doctrine.

We deplored State of West Virginia ex rel Johnson & Johnson Corp. v. Hon. Mark A. Karl when it came down, and we continue to deplore it today.

Although we didn’t like the result, Karl was good for us in