Causation

We’ve brought you some great news from the gadolinium contrast agent litigation last year and the hits just keeping on coming.  This time out of federal court in Arizona.  And while the court is giving plaintiff another stab at re-pleading her case, we are doubtful plaintiff will be able to cure the deficiencies identified in

Today is Friday, December 20, 2019, the last day on which many of our readers will be in the office before settling their brains for a long winter’s nap.  We wish you all the very best, and our holiday gift to you today is a case about candy.  Not just any candy.  Today we bring

Sort of like hail in Alabama.  It happens, but when it does it’s an event.  Not like say picking a perfect NCAA March Madness bracket (1 in 2.4 trillion).  Maybe more like the chance of getting struck by lightning in a lifetime (1 in 13,000).  In any case, a California trial court decision finding no

We aren’t pulling any punches.  We think Taylor v. Mentor Worldwide LLC, — F.3d –, 2019 WL 4941936 (11th Cir. Oct. 8, 2019) is a candidate to be one of this year’s DDL Blog bottom ten cases.  Not only was plaintiff’s expert allowed to change his opinion at trial, plaintiff was allowed to

Speaking of iffy propositions, we’re reminded of the hypothetical, hindsight-oriented questions that plaintiffs so often ask prescribing physicians:  “What if you had known X?”  “Would you have liked to know X?”  “Wouldn’t you have wanted to know Y?”  The (usually) unspoken premise of these questions is the more knowledge is always better than less –

Various plaintiff-side consortia have taken it into their heads to sue every manufacturer of so-called “novel oral anticoagulants” because these products, gasp, can cause serious, and sometime fatal, bleeding incidents.  Fortunately, on the whole the plaintiffs haven’t done so well with these cases – losing almost all the trials – because jurors can be taught

Here is the third and final part of our 50-state opus on precedent supporting the principle that plaintiffs asserting claims dependent on propositions that ordinary people aren’t expected to know must come forward with expert opinions for those propositions.  As mentioned previously, this project arose from something we read about in the Mirena litigation –

What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support.  Part One was last week.  In most states such rulings originated in medical malpractice and workers’ compensation actions, with the relevant principles broadening to encompass product liability and toxic torts.