We knew as soon as we read the Supreme Court’s opinion in Mutual Pharma v. Bartlett that its reasoning should extend beyond generic drugs and would support implied preemption in generic and innovator products alike. We were generally correct. Bartlett
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Musing about Discovery and Artificial Intelligence
By Bexis
Some of us are participating in beta testing of generative artificial intelligence (“AI”) for legal applications in the law firm environment. So far the verdict is – associates can breathe easy, at least for now. Nothing we’ve seen is capable…
E.D. Tenn. Holds that Plaintiff Materials Expert Opinions Did Not Measure Up
We think Spring cleaning is all well and good, but our most frantic clean-up efforts take place at year end. Scrolling through our inbox in December, we always find cases from earlier in the year that somehow got lost. None…
E.D. Louisiana Tells Plaintiff a Warning Letter and a Recall are Not Enough
The Fifth Circuit gave the plaintiff in Bruno v. Biomet, Inc., 2023 U.S. Dist. LEXIS 213826 (E.D. La. Dec. 1, 2023) a second chance, but it was short lived. This case had been dismissed on statute of limitations grounds. On…
CPAP MDL Overinflates Plaintiffs’ Claims
By Bexis
Abuse of substantive law as a weapon to force settlement occurs so frequently in multidistrict litigation (“MDL”), that we’ve given it a name – “the MDL treatment.” The linchpin of the MDL treatment is that plaintiffs are allowed to take…
A Whole Lotta Nuthin’
By Bexis
Growing up down in Georgia, Bexis used the phrase “a whole lotta nuthin’” frequently when encountering things (like the 1970s Underground Atlanta tourist trap) or people (like Lester Maddox, who governed the same way he rode bicycles) that didn’t…
In Pari Delicto By Any Other Name Would Still Be A Bar
A few years ago, we detailed the efforts of the plaintiffs’ bar to tweak the Restatement of Torts to decrease the chance that a suit for damages would be defeated because the plaintiff engaged in a criminal act. The Restatement…
Medical Cannabis in Pennsylvania – Since It’s Legal, It’s Reimbursable, FDA Regulatory Status Notwithstanding
By Bexis
A Difference of Opinion is Not a Misrepresentation
So says the Fifth Circuit in Torrey v. Infectious Diseases Society of America, — F.4th –, 2023 WL 7890067 (5th Cir. Nov. 16, 2023). Which joins the Second and Third Circuits in protecting scientific free speech. Cases we discussed here…
Wrecked on a Li Shore – The Saga of a Turncoat Expert
By Bexis
In prescription medical product liability litigation, both sides invest a lot in their expert witnesses. In addition to spending time, money, and effort, we work out our legal theories with our experts, and share with them our views of the…