These days there are two topics that dominate legal conferences, presentations, and CLEs: artificial intelligence (AI) and Loper Bright. You will doubtless see us frequently bloviate about the former, but today’s case – American Clinical Laboratory Ass’n v. Food and Drug Administration, 2025 U.S. Dist. LEXIS 59869, 2025 WL 964236 (E.D. Tex. March 31, 2025) –
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Some Semi-Intelligent Takes on Artificial Intelligence
December is both a festive and frantic month. Along with all the caroling, wassailing, and gift-buying, the last month of the year invariably sees us squeezing in continuing legal education (CLE) credits, reconnecting with old friends at the ACI drug and device conference in New York City, and wrapping up the Fall/Winter semester class we…
Texas Says No to Putting the Cart Before the Horse
We are going to assume that Texans know a few things about horses, carts, barn doors, leading to water, and whatever other horse adages we can come up with. But when it comes to litigation, the Texas Court of Appeals took a firm line with a plaintiff who was looking to get deposition and document…
Software as a Product – The European Union Goes There
By Bexis
We’ve written a number of posts on whether, in various jurisdictions across the United States, software and other forms of electronic/magnetic code can be considered to be “products” for purposes of product liability – usually strict liability. As befits the decentralized product liability litigation landscape in the United States, there is considerable uncertainty, but most…