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7 Nov 2014, 5:52 am
  By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
22 Jul 2014, 7:19 am by Aidan O'Neill QC
In R v Lord Chancellor Ex p Witham[1998] QB 575 he noted (at 581) that “in the unwritten legal order of the British state” it is “the common law [which] continues to accord a legislative supremacy to Parliament”. [read post]
18 Jul 2014, 11:55 am
June. 13, 2013), holding essentially that, since those meanies on the United States Supreme Court aren’t letting plaintiffs sue generic manufacturers, we’ll change Alabama common law and let them sue someone else. [read post]
16 Apr 2014, 4:36 pm
Ortho-McNeil-Janssen Pharms., Inc., No. 1:09 oe 40023, 2014 U.S. [read post]
27 Mar 2014, 5:00 am
McNeil Consumer Healthcare, 2014 WL 1116358 (E.D. [read post]
21 Mar 2014, 11:38 am
  When it comes to yesterday’s decision from the Arkansas Supreme Court in Ortho-McNeil-Janssen Pharms., Inc. v. [read post]
14 Feb 2014, 10:01 am
McNeil Consumer Healthcare, Civ. [read post]
9 Jan 2014, 1:37 pm
Md. 2012) (same); New York State Pesticide Coalition, Inc. v. [read post]