From King Louis XVI to Reglan Litigation: Reed Smith’s McConnell’s Journey Through Time

Since those of us at HB are suckers for humor (we realize there is little to titter about in our world of litigation, torts, insurance and, let’s be frank, misery in general), but when someone goes out of their way to lighten the legal discourse, well, we applaud it. Reed Smith’s Steve McConnell gets a brief non-partisan ovation from us, or at least me. Check out his post on a recent dismissal of Reglan and generic Metoclopramide makers. There is nothing funny about the injuries alleged. Hell no. HELL NO! (Pardon my salty language.) But court and litigation activity, well . . . Also, if one of our plaintiff attorney speakers or attendees would like to rebut this post, please share! Oh, McConnell’s post was on the Drug & Device Law Blog. –Tom Hagy, HB

mcconnell,sj“We normally prefer to trumpet birthday wishes rather than deathday anniversaries. But the guillotining of King Louis XVI was such a huge moment in Western history, not just French history, that we cannot let the event of January 21, 1793, go unremarked.  It is only a series of tiny conceptual steps to go from the French Revolution to nationalism, to total war, to the Napoleonic Code, to the metric system, and then to a weird overestimation of the films of Jerry Lewis.”

How does McConnell make it from that to below?

The Truddle court followed the analysis of almost every other court in deciding that a brand name manufacturer cannot be held liable for injuries suffered by someone who never ingested the brand name product.  Put another way, the Truddle court rejected the Conte craziness that came out of California and that has been rejected by every right-thinking court (though, sadly, incoherently, maddeningly, it has been embraced by Mississippi’s neighbor to the immediate east).

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