Developments in the Rouviere v. DePuy litigation have already produced two of our blogposts. Rouviere v. DePuy Orthopaedics, Inc., 471 F. Supp.3d 571 (S.D.N.Y. 2020), which we discussed here, produced one of the first major decisions of the COVID-19 pandemic on remote depositions as the “new normal.” Then, Rouviere v. DePuy Orthopaedics, Inc.
We venture a bit outside our normal drug/medical device arena today for a case involving dietary supplements, but you know we cannot resist a case shot down as an attempt to pursue a private FDCA cause of action. It’s a bit like the refrain to The Christmas Song – “although it’s been said many times,
Today’s decision strays from the field of prescription drug/device law, but we take this detour because Aybar v. Aybar, 2021 N.Y. LEXIS 2134 (N.Y. Ct. App. Oct. 7, 2021) is an important jurisdictional decision – one with over 100 years of legal precedent to sort out.
Plaintiffs were involved in an automobile accident in
Some things were never meant to go together. Oil and water. Ice cream and ketchup. Harry Potter and Lord Voldemort (although fans of the books will quickly point out that Boy Who Lived was actually linked inextricably to his arch enemy). Picnics and honey bees. Elected officials and the power to borrow money. You get
Covid has altered how and where we practice law. Along the way, it has also improved our exercise regimen. Every couple of days, we receive bankers boxes of binders and documents and then tote them upstairs to what passes for our home office.
For some reason, that makes us think of hernia mesh litigation.
Cosh
We don’t like class action tolling. We don’t think that plaintiffs should be rewarded for filing a meritless class action (or any other meritless act) with a potentially broad and lengthy exemption from the relevant statute of limitations. We particularly don’t like cross-jurisdictional class action tolling, which makes a state’s enforcement of its own statute
Recently, largely related to the dubious pleasure of home ownership, we have had multiple occasions on which we were forced to shrug our shoulders and proclaim, “Nothing’s perfect.” To wit, we recently noticed a small wet spot on our bedroom ceiling. The roofing company discovered that the corresponding section of the roof was too shallow
Not long ago, an EPL (evil plaintiff lawyer) relayed to us that, based on reading our posts, another EPL had assumed we had a particular political view. As we laughed at the notion, we pondered the issues of assumption and incomplete information. Much like the old quip about what happens when you assume, many assumptions
There’s a reason plaintiffs hate removal before service – “snap removal.” It has the potential to wreak havoc on their mass tort business models, which are largely based on confronting defendants with as many cases as possible in the worst jurisdictions possible. While federal courts are hardly perfect, they are usually better than the state-court
When we see a case title with the same name on both sides of the v, we think of Jarndyce v. Jarndyce, the will contest described by Dickens in Bleak House. That fictional case dragged on for years and throughout the course of the book, ending only when legal expenses devoured all the