The MSP plaintiffs are at it again, and without success this time around. In MSP Recovery Claims Series LLC v. Pfizer Inc., 2025 U.S. Dist. LEXIS 38647 (D.D.C. Mar. 4, 2025), the group of law firms formed to file lawsuits under the Medicare Secondary Payer Act (hence the “MSP” in the various plaintiffs’ names)
Standing
Yet Another Update on Medical Abortion Litigation: PhRMA’s Amicus Brief in Support of Petition for U.S. Supreme Court Review of the Fifth Circuit Decision

We have posted a few times (here, here, and here) about the Alliance for Hippocratic Medicine v. FDA/Alliance for Hippocratic Medicine v. Danco Labs., LLC litigation, in which an anti-abortion group is seeking to invalidate regulatory actions taken by the FDA with regard to mifepristone, a pharmaceutical FDA-approved for use…
Another Update on Medical Abortion Litigation

When we last commented on the Alliance for Hippocratic Medicine v. FDA litigation, back in April, the United States Supreme Court had just stayed what we described as “a truly ridiculous decision purporting to invalidate a number of actions taken by FDA with regard to mifepristone, the only currently marketed approved medication for medical abortion.”…
Plaintiffs Exit Federal Court By Exploiting Their Lack of Standing

The late chef and travel raconteur Anthony Bourdain said that great chefs pride themselves on what they can do with offal. Anybody can make a fine steak. It takes real creativity and skill to turn glands and guts into something delectable. Think of sweetbreads, tripe, or liver. No, really. A couple of weeks ago on…
No Alleged Harm, No Leg To Stand On
Is Something Fishy Going On?

Back in the early days of the blog, when it was a Bexis/Herrmann operation, we wrote about the California Supreme Court decision that opened the floodgates to all that food litigation that now plagues that state − Farm Raised Salmon Cases, 175 P.3d 1170 (Cal. 2008). We explained how the court In Farm Raised …
A Money-For-Nothing Pharmaceutical Class Action In California

We continue to scratch our heads over consumer class actions seeking monetary compensation when the customers received exactly what they paid for. We see them from time to time in the pharmaceutical space, where patients claim monetary compensation even though the prescription drugs they used worked like they were supposed to with no adverse reactions. …
Sunset for Cy Pres, or Standing in Cyber-Privacy Litigation – Take Your Pick

We’ve always hated the concept of cy pres class action settlements. A cy pres distribution is an admission that, even without opposition, the plaintiffs cannot prove who was injured and by how much. Cy pres also takes money supposedly belonging to the injured class and give it to charities not injured by anyone, so the…
Money for Nothing? No Standing This Time in the Third Circuit

We sometimes sit around trading stories about the dumbest lawsuits we have ever seen. Our personal favorite is a class action that the Drug and Device Law Spouse defended years ago seeking damages against a national shipping company because items sent by “Second Day Air” did not always go in an airplane. The packages arrived…
Citing Lack of Standing, D.D.C. Tosses Challenge to FDA Denial of Citizen Petition

If clients get sued by someone where physical or financial injury seems remote, unclear, or speculative, consider raising the defense of lack of standing. Courts are for resolving actual disputes among parties. As we said a little more than a month ago in another post on standing, courts are not debate halls. The standing…