We’ve re-read Monsanto Co. v. Durnell, No. 24-1068, 609 U.S. ___, 2026 LX 336645, 2026 WL 1825691 (June 25, 2026) (“Durnell”), a few times over the past few weeks. As Bexis noted in his quick-out-of-the gate (and great) analysis,
Latest from Drug & Device Law
Vaccine Claim Flunks General Causation
This makes two weeks in a row with vaccine cases. Last week we discussed yet another Constitutional challenge against mandatory vaccination. This week we look at Nguyen v. Sec’y of Health and Human Services, 2026 U.S. Claims LEXIS 1650 (U.S.
The More Things Change, The More Lohr Stays the Same — But It Shouldn’t
There’s an old joke about a guy who keeps banging his head against the wall. When asked why, he says: Because it feels so good when I stop. That’s roughly how we feel about watching defendants in medical device cases
Rule 12(b)(6) Dismissal Where Judicially Noticed Facts Contradict the Complaint
Late last year, when we were putting together our massive post that collected and categorized every case that had ever judicially noticed an FDA document, we ran across the intriguing proposition that in deciding Rule 12 pleading-based motions, “allegations in
Guest Post − Texas Supreme Court’s “One Step” Grants A Distributor Interlocutory Review Regarding Non-Manufacturing Seller Immunity Statute
Today’s guest post is by Kevin Hara, of Reed Smith, who is pinch-hitting for Steve Boranian. His post today discusses the Texas Supreme Court’s procedural reversal of a lower court’s refusal to hear an interlocutory appeal concerning application
An Ultra Processed Complaint Fails
This post comes from the non-RS and non-Dechert side of the Blog.
The great post-modern existentialist philosopher John Madden once said, “If you have two quarterbacks, you actually have no quarterback.” This was not the result of a fanciful math
Second Circuit Upholds New York Vaccine Mandate (Again)
Lately, weirdly, sadly, some people have suggested that the Enlightenment was a mistake. They contend that an overemphasis on rationality robbed humanity of feeling, faith, etc. What drivel. Every day of the week, we’ll take Voltaire over any pretend-King, data
The Eye of the Beholder: The Taxotere Warning Was Fine, But Don’t Tell That to This Court
We have written before about the Taxotere eye injury MDL — and we wish we could say things were getting better. They are not.
Last December, we noted the fundamental absurdity at the heart of this litigation. Cancer patients —
Non-Patent Implications of Supreme Court’s “Skinny Label” Hikma Decision
We don’t normally discuss patent/intellectual property issues on the Blog, even though they arise all the time in prescription medical product litigation. The reason is simple − our clients (and target audience) can be found on either side of the
Making It Easier For Injured People To Prove Liability And Get Full Compensation: More On The New European Union Product Liability Directive
If you are a regular blog reader, you may have seen some of our prior posts about the new Product Liability Directive adopted by the European Union and going into force this December.
Two weeks ago, we had