In these strangest of times, we find ourselves seeking comfort in the familiar. Many times each day, we dial the numbers of faraway loved ones, just to hear their voices (the twenty-something Drug and Device Law Rock Climber has threatened to block our number). We gravitate toward favorite foods of our childhood (we just resorted
Warnings
More Good “Warnings Causation” News from the Taxotere MDL

We are certain that profound revelations – scientific, economic, and political – will arise from the Covid-19 crisis. For now, we comment on bits of knowledge we have gained so far. We have learned, spending 24 hours each day with our dogs, that they bark 20 hours each day. We have learned that the concept…
NDNY Dismisses IVC Failure to Warn and Fraud Claims

Here comes another one of those “mixed bag” cases and, being in the bag for the defense side, we are determined to emphasize our favorite parts of the bag, In O’Neil v. Argon Med. Devices, Inc., 2020 U.S. Dist. LEXIS 26043 (NDNY Feb. 13, 2020), the plaintiff sued because her IVC filter could not…
First Amendment Pours Cold Water on Sugary Beverage Warning Law

It is easy to articulate the core principle behind the First Amendment right to free speech: The government can’t restrict what you say or make you say what the government wants without a good reason. Ah, but how good a reason and what kind of reason? That is where it gets more complicated. How do…