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At Overlawyered: Blawg Review #220

Over at my other site, I'm playing host to Blawg Review, the traveling roundup of highlights of the week's posts on law blogs. Check it out. Point of Law hosted Blawg Review three years ago, and is scheduled to do so again on November 23. One passage worth excerpting:

The defense-side post of the week comes from the Beck & Herrmann team at Drug & Device Law. Mark Herrmann takes a big-picture look at how pharmaceutical product liability law has evolved over the past quarter century, and in particular how well it has done in pursuing the goal of appropriately screening out meritless cases. He gives the law a grade of "A" or thereabouts in tackling dubious expert testimony (with the Daubert revolution), in preventing the unwarranted extension of class action concepts from financial-injury cases to the realm of personal injury, and -- a much newer development -- in introducing serious scrutiny of claims at the pleading stage through the Supreme Court's recent Twombly and Iqbal decisions. He is also relatively pleased with trends on preemption (despite the widespread view that defendants have suffered a decisive rebuke on that front) and on resistance to novel theories of action. On the other hand, he gives the courts a "D" on their handling of discovery and its burdens, and a grade of "F" when it comes to their overall inability to reduce the amount of litigation.

Other topics covered: the Sonia Sotomayor confirmation hearings, an automotive preemption case, and this report of a judge's ruling in a Bluetooth class action settlement to which Ted Frank's new Center for Class Action Fairness raised an objection.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.