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Stephen McConnell

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Plaintiffs will go to great lengths to stay out of federal court, including naming local defendants against whom the plaintiffs have no real intention of pursuing the lawsuit with even a smidgen of seriousness. Sometimes that is called “improper joinder,” but we prefer the term “fraudulent joinder” because that more accurately captures what is afoot.

Don’t stop us if you’ve heard this before, because you have. A plaintiff brings an lawsuit over injuries allegedly from a medical device, sues not only the company that made and marketed the device but also a parent company that did not make or market the device, said parent moves for dismissal for want

You have probably heard the old truism about how a person representing him or herself in a lawsuit has a fool for a client. You’d think that having a pro se opponent would make the case a breeze. Not necessarily. When we worked in the U.S. Attorney’s Office, that work seemed harder, not easier, when

We usually represent manufacturers, not pharmacies, in personal injury cases, so why should we care whether pharmacies can be on the hook? Well, if the pharmacy’s presence in the case prevents federal diversity jurisdiction, then solid case law shielding the pharmacy from liability will be crucial to our argument that the pharmacy was fraudulently/improperly joined.

What a virile week we’re having. Tomorrow the blog will discuss a viagra product liability lawsuit. Today we reach back to a case from last March involving a battle between sellers of other male, um, performance products. Put all that together with last week’s post on cannabis and we are reminded of the scene from

We keep reading in Law360 and other publications about defense law firms that are ramping up cannabis practice groups. Our own firm is . These developments sparked an interest. After all, won’t many of the principles we’ve worked with over the years for prescription and OTC medications apply to pot and its

How many of us entered law school dreaming of following the paths of Brandeis, Marshall, etc. in the field of constitutional law? How many of us now can go weeks, or even months, without reading a Supreme Court case? Paying off student loans led many of us to work for law firms where there was

Early on in law school we were taught the virtues of alternate pleading. Different theories against the same defendant, or different theories against different defendants, were perfectly acceptable even if inconsistent.

There is something counterintuitive about that. It seems to lift the veil in front of the law, revealing it to be an opportunistic enterprise