One of the avowed purposes of the blog is to make available to all defense lawyers the kind of extremely detailed legal research that that we large firm lawyers frequently end up doing. After all, a win anywhere helps defendants everywhere. Sometimes we’ve done this research ourselves; sometimes we’ve come across research done by others. This post concerns the latter. It is shamelessly plagiarized from a recent brief filed by friend-of-the-blog Jay Lefkowitz and others at Kirkland in a Fifth Circuit appeal in a case called Anderson v. Abbott Laboratories.
Oh, and thanks, Jay, for putting this together.