New York’s consumer protection statute (N.Y. Gen. Business Law §§349-50) has a “consumer orientation” element that has largely prevented that enactment from being abused by P-side purveyors of prescription medical product class actions. We’re looking at how that works today.
The New York Court of Appeals held that, “as a threshold matter, plaintiffs claiming the
When we first read what the claims were in Cohen v. Saraya USA Inc., (E.D.N.Y. Jan. 20, 2025), we thought of the old Catskills joke about the elderly couple at dinner:
Wife: “The food here has really gotten terrible.”
Husband: “Yes. And such small portions.”
The plaintiff in Cohen filed a class
Public policy favors scientific and medical research. So do we. While the theories of various claims asserted against sponsors of medical research—and the reasons for rejecting them—vary greatly, the underlying incentive to promote good research certainly plays a role in protecting those that sponsor and conduct medical research from virtually unlimited liability for alleged
We’re in New York this week for a legal conference that is always a good time. But, truth be told (and we are officers of the court, after all), several years ago we attended a conference sponsored by plaintiff lawyers and it was in every way a delightful affair. The judges did more than show
Back in our AUSA days we prosecuted many drug cases. That was a significant part of our job. The defendants were uniformly unsavory and many were violent. That being said, the mandatory minimum sentences were often crazily high. Sell 50.1 grams of crack and eat ten years. If you had a prior drug conviction (hardly
Today’s case is not a drug or device case, but its holding is helpful to our clients who face state law nuisance claims arising from the acts of third parties.Continue Reading Court Shuts Down Expansion of New York Nuisance Law
When it comes to MDLs that concern a bunch of cases about a drug or device, they typically have a name like “In re [name of product(s)] Product Liability Litigation” or “In re [name of product(s) Marketing and Sales Practices Litigation.” In theory, the first group of MDLs involves, shockingly, product
Long ago, a senior partner told us that clear writing flows from clear thinking. That might be so, but clear thinking and clear writing do not necessarily produce the correct result. For example, you’d have a tough time finding a legal opinion written more clearly than Calchi v. Topco Assocs., LLC, 2024 U.S. Dist.
This is our second go round with Vardouniotis v. Pfizer, Inc., Case No. 152029/2019 (N.Y. Sup.). When we posted about the court’s decision on defendant’s motion to dismiss, we were resigned to shrug our shoulders and accept that “nothing’s perfect.” It’s two years later and we’re still shrugging.
After the court allowed plaintiff’s negligence; gross
It is hard to imagine a less qualified expert witness than the one retained by plaintiff in Krom v. Smith & Nephew, Inc., 2024 U.S. Dist. LEXIS 121618 (N.D.N.Y Jul. 11, 2024). And since truth is often stranger than fiction, we are just going to give it to you straight.
Plaintiff, a 73-year-old, morbidly