A couple of brief notes on new decisions:

(1) In Accutane litigation, plaintiff’s expert Ronald Fogel is now 0-2 under Daubert. The latest opinion excluding his testimony does so because his opinions overreached the medical literature on which they were based. The holding:

Both [the articles], in their review of the existing literature, case reports and scientific data, only formed hypotheses, not opinions of causation. (more…)

Is there anything in product liability litigation as boring as Medicare liens? Putting aside document privilege reviews, or drafting answers to form complaints, that is. Some substantive area of the law?

Substantively, we’d be hard-pressed to think of anything. Back in the day – when such arguments were still possible – we got a bit of a rush arguing (and winning) the proposition that the government had no (more…)