“It was the best of times, it was the worst of times.” We know it’s hackneyed to pull out the Tale of Two Cities quote, but it does seem to describe what’s happened over the last few weeks when it comes to expert testimony. A couple of weeks ago in the Trasylol litigation the court did a heroic job in excluding testimony from plaintiff repeat expert Parisian. A week or so later we got the abominable opinion in the Gadolinium MDL, where the court (more…)

Although pasthistory demonstrates the increasing futility of class action certification in pharmaceutical/medical device product liability litigation, the other side still plugs away, most likely for reasons we’ve discussed here.

The latest denial of class certification came in Solo v. Bausch & Lomb, Inc., slip op., where the plaintiffs sought recovery of purported economic losses from having to throw away allegedly defective (more…)