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Plaintiff’s second try still preempted

We talk about a lot of motions to dismiss on this blog and being a defense blog, the overwhelming majority are successful. Motions to dismiss being

Let's see whether it works: Discovery! Are you excited? How about this: Technology Assisted Review!! Nothing yet? How about: Predictive Coding!!! We

The Indiana Court of Appeals recently issued an opinion applying the section of Indiana's Product Liability Act (IPLA) that, under certain

The New Jersey NuvaRing litigation, which involves a combination hormonal contraceptive, recently produced an opinion that granted the defense

Normally we embrace cases that find that plaintiff has failed to meet the pleading requirements of Twombly and Iqbal. We like when courts ferret out

We hadn't blogged about the Biomaterials Access Assurance Act ("BAAA"), 21 U.S.C. 1601-1606, since 2008 (see post), and now we are

This is our second post in as many months about Dr. Blond and the Trasylol MDL, and he's not faring any better in April than he did in March. Of

Maybe it was a recent couple of days spent in the Lancaster, Pennsylvania area, but when we saw a case about the BAAA - our first thoughts were along

We've never been deferential to differential diagnosis - at least, not in litigation. There's no need for a diagnostic tool when you've already got

This year started off a little scary. But that was winter - dark, cold, dreary. With spring we look forward to brighter skies, warmer weather