Litigation & Trial Lawyer Blog

On May 20, 2019, the United States Supreme Court decided Merck v. Albrecht (In re Fosamax), No. 17-290 (text version available here), destroying most of the arguments routinely used by drug compa...

https://www.litigationandtrial.com/2019/05/articles/attorney/merck-v-albrecht-impossibility-preemption/

On March 29, 2019, a divided Fifth Circuit panel issued their decision Gibson v. Collier, No. 16-51148, involving a transgender inmate. The majority’s opinion by Judge James Ho is outrageous, a...

https://www.litigationandtrial.com/2019/03/articles/attorney/transgender-inmate/

Over a century ago, in 1906, law professor Roscoe Pound outlined “The Causes of Popular Dissatisfaction with the Administration of Justice” in a speech to the American Bar Association. After ...

https://www.litigationandtrial.com/2019/01/articles/attorney/sporting-theory-of-justice/

Imagine if lights, kitchen equipment, and home electronics didn’t need to be tested for electrical shock and fire hazards, and that no one ever certified that the devices were safe. Would you p...

https://www.litigationandtrial.com/2018/07/articles/attorney/the-bleeding-edge-medical-devices/

Updated June 28, 2018 in light of the Supreme Court’s grant of certiorari. See more at the bottom of this post. I’ve written many times before about the Supreme Court’s opinion Wyeth v. Lev...

https://www.litigationandtrial.com/2018/05/articles/attorney/solicitor-general-fosamax/

My prior post went through the basics of the DNC Lawsuit against Russia, the Trump campaign, Wikileaks, and the individuals affiliated with each of them, specifically: Why Now Why The Complaint A...

https://www.litigationandtrial.com/2018/04/articles/attorney/dnc-lawsuit-2/

Earlier today, the Democratic National Committee filed a massive lawsuit against almost everyone arguably associated with the hack on the DNC’s servers, including the Russian Federation, Russia...

https://www.litigationandtrial.com/2018/04/articles/attorney/dnc-lawsuit/

Sparked by the #MeToo movement, several legislatures (including Pennsylvania, California, and New York) are considering prohibiting employers from including non-disclosure agreements (NDAs) and c...

https://www.litigationandtrial.com/2018/01/articles/attorney/sexual-harassment-nda/

On Sunday, the Washington Post published a detailed investigative report about how the drug industry snuck through Congress a bill that ruined one of the Drug Enforcement Agency’s key tools in ...

https://www.litigationandtrial.com/2017/10/articles/attorney/opioid-crisis-courts/

Equifax, which knows more about you than your own mother, (1) failed to maintain its servers, (2) was hacked and lost sensitive personal data for 143 million people, (3) concealed that fact for m...

https://www.litigationandtrial.com/2017/09/articles/attorney/equifax-data-breach-class-actions/

Civil litigators often spend more time in discovery disputes than in trials. Few plaintiffs or defendants are keen on spending time in a deposition, collecting documents, or handing over to their...

https://www.litigationandtrial.com/2017/07/articles/attorney/frcp-26-discovery-proportionality/

I’ve written about the Supreme Court’s Daubert opinion many times before, tagging it with the label “junk science.” The phrase “junk science” never actually appeared in Daubert, but r...

https://www.litigationandtrial.com/2017/06/articles/attorney/daubert-product-liability/

https://www.litigationandtrial.com/2017/06/articles/attorney/free-speech-and-trump-tweets/

Earlier this month the Supreme Court decided Goodyear Tire & Rubber Co. v. Haeger et al., a case I wrote about way back in 2012 involving the scope of sanctions (including attorney’s fees) avai...

https://www.litigationandtrial.com/2017/04/articles/attorney/haeger-supreme-court-sanctions-law/

Judge Gorsuch’s confirmation hearing for his nomination to the United States Supreme Court begins today. He has been called “an originalist and a textualist,” someone with a “strong commi...

https://www.litigationandtrial.com/2017/03/articles/attorney/judge-gorsuch-legal-textualism/

      Federal court litigators are of course familiar with Fed.R.Civ.P. 26(a)(2)(B), which requires “a written report” from the witnesses we typically think of as “expert witnesses,” i...

https://www.litigationandtrial.com/2017/03/articles/attorney/non-retained-expert-witnesses/

Without even holding a hearing, the House Judiciary Committee just passed a new bill (H.R. 985) that would make it far harder to sue large corporations when they cheat or hurt people. The vote wa...

https://www.litigationandtrial.com/2017/02/articles/litigation/hr-985-fairness/

More than 2.6 million people tuned in to hear the Ninth Circuit’s oral argument in State of Washington, et al., vs. Donald Trump, President of the United States, et al, one of the cases challen...

https://www.litigationandtrial.com/2017/02/articles/attorney/standing/

LBJ gave up his radio stations. Jimmy Carter gave up his peanut farm. Untangling Donald Trump from his web of companies and interests is a bit more complicated.   Yesterday, a team of lawyers at...

https://www.litigationandtrial.com/2017/01/articles/attorney/trump-honest-services-fraud/

Last month, the FDA allowed Pfizer to change the warning label for Chantix — a drug prescribed for smoking cessation — so that it no longer has to have a prominent “black box” warning for...

https://www.litigationandtrial.com/2017/01/articles/attorney/chantix-neuropsychiatric/