Is there a difference between a product manufacturer and a product seller when it comes to product liability?  There is in Georgia, and the Georgia Court of Appeals’ recent opinion in Taylor v. Mood Rite, LLC, 2026 Ga. App. LEXIS 240 (Ga. Ct. App. May 15, 2026), underscores that point.  An entity that merely packages…

The now well-known requirement from the TwIqbal cases that a complaint contains factual allegations that establish that relief is plausible derives from Rule 8(a)(2) requirement that each pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief.”  One recurring point of contention in drug and device litigation…

Whenever defense hacks get together, the conversation inevitably turns to horror stories about hostile jurisdictions. There is another word for those jurisdictions, and you know it well. We’ll mangle a phrase from the poet William Blake and call those jurisdictions satanic litigation mills. There’s a chance we’re headed for such a place soon, a place…

Here at the Blog, we love the learned intermediary rule.  We’ve chronicled the rule’s steady expansion as it now has precedential support in all fifty states.  “Every state in the country, along with the District of Columbia and Puerto Rico, has adopted the learned intermediary doctrine in some iteration.”  Dearinger v. Eli Lilly & Co.,…

Sometimes we read a decision in favor of the defense that makes it seem like getting the good result was easy. The court summarily disposes of plaintiff’s arguments, adopts the defendant’s reasoning, and might throw in a comment or two about things the plaintiff could have done—but didn’t. But getting those good results is almost…

Today’s post is about one of our favorite topics, off-label use.  This time, it isn’t about what manufacturers can say about unapproved uses. It’s about whether the DOJ can wield the FDCA’s misbranding provisions to criminally investigate hospitals whose physicians prescribe FDA-approved drugs for off-label purposes.

In In re Administrative Subpoena 25-1431-032 to Rhode…

Back in 2020, we published a post, “Is It Time To Reconsider Federal Officer Removal?”  It discussed a Fifth Circuit asbestos case, Latiolais v. Huntington Ingalls, Inc., 951 F.3d 286 (5th Cir. 2020), overruled prior precedent in light of a congressional amendment to the federal officer removal statute, 28 U.S.C. §1442(a), that broadened…