Bair Hugger MDL Dismisses Plaintiffs Who Ghosted Their Fact Sheets

This post comes from the non-Butler Snow side of the blog.

The Bair Hugger MDL has an up and down history. First, we lauded the district court’s Rule 702 rulings that led to summary judgment across the board for the defendant.  But then the Eighth Circuit reversed. The cases came back to the district court and the litigation has hobbled along since. That’s all about the substance of the cases. On procedure, the defendant is now batting two for two. … Read the rest

What Do Plaintiffs’ Lawyers’ Pre-Filing Press Releases Signify?

One of the procedural innovations the PSLRA introduced was the requirement that plaintiffs’ counsel who file a securities class action lawsuit complaint must issue a press release announcing the complaint’s filing and notifying prospective class members of the opportunity to seek to become lead plaintiff. Plaintiffs’ lawyers quickly realized the potential publicity value for them from this exercise. Over time, related practices have developed, including the now commonplace practice in which plaintiffs’ lawyers issue a press release before they have … Read the rest

Plaintiffs’ “Misleading Marketing and Labeling” Claims Thrown Out in N.D. Ill. Popcorn Case

Today’s case is not about drugs or medical devices.  It is about popcorn, a perfect prompt (or as good as ours ever get) for a rant about movies.  We are working our way through the Oscar nominees, in anticipation of the upcoming Academy Awards.  (Pre-apocalypse, we hosted an annual Oscar party, featuring good food, good wine, and just enough wagering – and cheating – for a bit of hostility.)   As we watch this year’s slate, we long for the days … Read the rest