Way before we were lawyers, we read a good chunk of the writings of James Herriot, the nom de plume of a rural English veterinarian who chronicled his exploits in helping All Creatures Great and Small (the title of a movie and TV series about him). The veneration of his seemingly altruistic and tireless work
It has been a while since we’ve written about a case delivering a one-two punch against a plaintiff suing both brand and generic drug manufacturers for alleged injuries from ingesting generic drugs. Punch One is rejection of the claims against the brand manufacturers because they did not make or sell the products at issue in
Four times in the past several months (here, here, here, and here), we have reported on cases in which plaintiffs have sought injunctions that would compel hospitals to administer the anti-parasitic drug ivermectin to COVID-19 patients. Today we report on another such case, Texas Health Huguley, Inc. v. Jones,
The complaint in Robinson v. Ethicon Inc., Action No. H-20-3760 (S.D. Tex.) was filed in 2013. To put that in perspective, Amazon’s first Alexa-enabled device, the Echo, wasn’t on the market. There’s a good chance you weren’t running your phone on 4G yet. And, if you were using earbuds with your phone, you were
As we age, we sometimes forget how things used to be. It is not just age-related deterioration of the synapses in our hippocampi. (We do question why hippocampi and hippopotamuses are the preferred plural forms these days and why more anatomic structures are not named for things like seahorses.) There is also a recency effect.
Today’s case was decided back on April 23rd, but just showed up on our radar. That made us look back to see first what we were posting about on that date (answer: Lone Pine) and second, what was the world talking about on that date (answer: Chauvin guilty verdict, surging Covid-19 cases in
Lots of cases get parked in MDLs. There is no denying it. It’s built into the system. Individual cases get brought together in a single court for the purpose of consolidated pretrial proceedings. For the most part, except for cases selected as bellwethers, that means MDLs are focused on general discovery, general experts, and general
Happy San Jacinto Day. On April 21, 1836, Texans won the battle of San Jacinto, the last battle of the Texas revolution, in which Texas secured its independence from Mexico. In the past 185 years, Texans have never ceased showing an independent streak.
That is true for Texas product liability law. It is uncommonly sensible.
Delaware is having something of a moment in the sun. Although the state’s license plates have long announced it as “The First State,” that refers to being the first to ratify the U.S. Constitution. It is the second smallest in size and sixth smallest in population of the current fifty states. The casual peruser of
Product liability plaintiffs sometimes sue every entity in the distribution chain. But in many jurisdictions under many circumstances, there is an out for nonmanufacturing defendants. That was the case in Martinez v. Medical Depot et al., 434 F. Supp. 3d 537 (S.D. Texas 2020). The plaintiff was injured when an armrest on his unmotorized