We are not the only ones who have pointed out that every new contraceptive for the last fifty years or so has been the subject of litigation and that it is not hard to see how the burden associated with such litigation, even if the manufacturer does well, discourages the development of new options. This
We tend not to post much on appellate statute of limitations decisions. There are a few reasons for that. First, they are often very fact-specific, rarely delivering holdings with clear applications to other cases. Second, because they can be fact-specific and plaintiffs are known to plead around defenses, good decisions on motions to dismiss are
Today we discuss a putative class action in which the named plaintiffs are a registered nurse who refuses to take a basic precaution to protect her vulnerable patients and a mother who is more interested in displaying her livestock than protecting her neighbors. Brought on behalf of all New Mexico residents who are equally selfish,
With new grass on the field, the 2019 baseball season is underway and optimism springs eternal. Here in Philadelphia, the Phillies have actually around the top of the NL east for the first time since, umm…., last year actually. But this year, having added possibly the best player and best catcher in the league,
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