The plaintiff in Salinero v. Johnson & Johnson, __ F.3d __, No. 20-10900, 2021 WL 1681237 (11th Cir. Apr. 29, 2021), tried a new twist to get around the learned intermediary rule—and it did not work. The district court rejected the plaintiff’s attempt to graft a “financial bias” exception onto Florida’s learned intermediary rule,
We hope, when our time on earth is up, we are remembered as someone who possessed skills and made contributions. We are certain that gardening will not be among them. In that vein, we recently hired professionals to plant a lovely new bed at the end of our driveway. We were admonished that we must
We tend to favor a “glass half full” outlook. We are preternaturally sunshiny during our daily “how was your day” calls from the 86-year-old Drug and Device Law Dowager Countess. (We have not mentioned, for example, that our aging dog has begun sleeping most of the day and barking most of the night, resulting in
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
Sometimes a case has one bright shining point floating in a sea of not-so-good ones, or a stand-out result lost among outcomes that should have gone the other way. That describes Isaac v. C.R. Bard, Inc., No. A-19-CV-895, 2021 WL 1177882 (W.D. Tex. Mar. 29, 2021), a case remanded from the Bard IVC filter
We understand the value of branching out and trying new things. Recently, a close companion prevailed upon us to try calamari (thumbs down). We signed up for a Zoom acting class during the pandemic. And we are seriously considering a “new” hair color, to take advantage of the natural phenomenon that has occurred during the
Outside of the law, if you hear “R&R,” you might think of “rest and relaxation” or the original military term “rest and recuperation.” For many of us, the last year has had plenty of rest, but maybe not much true relaxation or recuperation. As in-person trials are set and the world inches toward a “return
It’s a good day in suburban Philadelphia. The sun is shining, the snow is melting, Covid-19 cases are down nationwide, and we just got a text from the Drug and Device Law Rock Climber heralding a weekend visit (with the Irascible Rescue Pomeranian in tow). We are enjoying a welcome (if cautious) flash of optimism.
We begin with a cautionary tale (with a happy ending) about life with an aging dog. Our vet estimates that one of our treasured Drug and Device Law Little Rescue Dogs is approaching 14. (We can’t know for sure, because she was found as a stray and dumped in a shelter.) She remains happy and
Like the rest of you, we have enjoyed streaming new video offerings as we stave off social deprivation. But, more often than not, we find ourselves resorting to our “go to” stalwarts (we have mentioned Season 5, Episode 9 of Downton Abbey), among which we choose depending on the particular chord that needs to be