Photo of Stephen McConnell

A plaintiff lawyer recently filed a case against our client in North Carolina.  He has made a settlement demand that any rational observer would regard as ambitious to the point of outrageous.  Despite that crazy number, we are on fairly friendly terms with the plaintiff lawyer. We jawbone at each other in a generally good

Photo of Eric Alexander

We have made no secret of our long-held views that “failure to withdraw” or “stop selling” theories of liability for FDA-authorized medical products are unwarranted perversions of state design defect law and preempted anyway.  When we say long-held, we mean it, because we had a few of the first cases where this theory was put

Photo of Michelle Yeary

Today is sort of a twofer Tuesday.  We have two cases, but only one issue.  So, maybe it’s more of a two-for-one deal.  There is also one general takeaway – it pays to look at state-specific defenses to state-specific claims.  For example, the privity requirements in North Carolina make it extremely difficult to bring a

Photo of Eric Alexander

Here are some things you probably will not hear very often, if at all:  1) a fervent supporter of a defeated political candidate agreeing that the winning elected official has done a good job, regardless of economic growth, infrastructure projects, public health progress, or some other measure of good government; 2) a fervent supporter of

Photo of Rachel B. Weil

We have promised ourselves that we will stream this week’s “This Is Us” episode when we finish this blog post.  We love this series beyond reason, and we dread its imminent demise, notwithstanding the title’s grammatical transgression.  (We generally condition any sort of allegiance on correct use of predicate nominatives.)  We are struck, over and

Photo of Stephen McConnell

Now comes the pathos of social distance. As with many of you, we are working remotely. The pantry shelves are groaning under the weight of so many soup cans. Our only reliable encounter with other humans is with the UPS delivery driver, through a door-glass darkly.

Per our Spring Break plans, right now we should