Today, the summer solstice, is one of our favorite days of the year. It’s the first official day of summer, and readers in the U.S. will have anywhere from 14-16 hours of daylight (the farther north, the more daylight). We hope you get to enjoy some of the summer sunshine today—or at least this weekend.
Drug & Device Law
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For The Longest Time
When you write a few hundred or more posts for a legal blog devoted to the somewhat niche subject of drug and device product liability law, you look for themes or hooks to keep both the writer and presumptive readers engaged. The themes may be fairly obvious based on the date of the post, the…
Vermont Court Shuts Down State’s Broad (and Late) (and Crazy) Discovery Demands
Wouldn’t it be nice if all legal disputes could be sensible? But, alas, overreaching plaintiffs make work, make motions, and often make craziness. Sometimes those overreaching plaintiffs can be the government, and that makes things even worse.
In Hayek Medical Devices (N.Am.) v. Vermont, 2025 Vt. Super. LEXIS 117, 2025 LX 12055 (Vt. Super. May…
The Rouviere Saga Continues
Rouviere has been a long and storied litigation. We have shared many parts of that story here (Zoom depositions during Covid), here (turncoat experts), here (reflections on Rambo litigation), and here (summary judgment on statute of limitations). After six years of litigation that ended in a summary judgment that was affirmed on appeal, we thought our…
Iowa Can’t Usurp FDA’s Authority Over Vaping Products
States cannot take over enforcement of federal requirements when Congress has entrusted that enforcement exclusively to the FDA. In Iowans for Alternatives to Smoking & Tobacco, Inc. v. Iowa Department of Revenue, No. 4:24-cv-00448, 2025 U.S. Dist. LEXIS 85732 (S.D. Iowa May 2, 2025), the state of Iowa enacted a law imposing penalties on manufacturers…
Unanimous Supreme Court Slaps Down Familiar Sounding Marketing Allegations In Landmark Gun Decision
By Bexis
We weren’t expecting to find anything bloggable when we reviewed the Supreme Court’s recent unanimous decision in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, ___ U.S. ___, 2025 WL 1583281 (U.S. June 5, 2025). But we were struck by the familiarity of the allegations of illegal marketing that the Court in S&W held…
Goodbye Lone Pine Orders, Hello Case Vetting Orders?
By Lisa Baird
On the internet, “because reasons” is the default when you don’t have the time or energy to explain why something is correct, but you are sticking with your viewpoint nonetheless.
It is the opposite of what our profession expects from lawyers and the courts: We all are supposed to explain, with crystalline clarity, why our…
Restatement (Third) Reconsidered
Today we offer a peek at A. Twerski, “A Quarter Century after the Products Liability Restatement: Reflections,” 90 Brooklyn L. Rev. 1027 (Summer 2025). The “Restatement” under discussion is the Restatement (Third), Products Liability, and the “A. Twerski” is, of course, Aaron Twerski, the sole surviving reporter for that Restatement. Professor Twerski has written this retrospective law review…
Keeping the Horse Before the Cart
This is not the first time we have posted about Gallego v. Tandem Diabetes Care, Inc. About six weeks ago we told you all about the excellent preemption decision that dismissed the entire case with prejudice except for a piece of the negligent design claim. On that, plaintiff was given thirty days to file an…
Would-Be Litigation Troll Trolled Again
By Bexis
We have blogged several times before about the litigation misadventures of MSP Recovery, Inc., known for bringing Medicare recovery actions of questionable merit based on assignments of questionable validity that they obtain from various Medicare Advantage Plans looking for free money. Occasionally, MSP has branched also filed RICO claims of an equally dubious nature.…