mjohnh

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    • Understanding the Medtronic Case Decision [view article]
      It is not true that Federal courts do not usually hear standard product liability cases. It is common for defendant manufacturers to remove cases from state court when possible as they prefer the stricter standards for expert witness testimony than applied by many state courts. I have not yet read the opinion. It makes sense that states should not be able to hold manufacturers to standards that are more strict than the FDA standards (e.g. design standards); but, it does not make sense that a manufacturer should escape liability for a manufacturing defect or a fraudulent concealment by hiding behind the FDA approval (which obviously did not approve the defect or may have decided differently if they knew the truth of the matter). Examples: A defibrillator lead with defective insulation (defect); or a drug that caused cardiac disease which is not disclosed to the FDA (fraud claim).
      If these cases are precluded as a result of the Medtronic decision than the Supreme Court has sold out to business interests to the detriment of seriously damaged consumers.       Feb 26 05:35 PM
    • Immediate Short Selling Opportunity in Bonds [view article]
      Interesting article: Is the recommendation to short the muni etfs based on the chart, only; or, based on the pending failure of the insurers? If the latter, are uninsured bond etfs at equal risk of a downfall? If a fall off in market price, when would you expect it to recover; what market conditions would be required for such recovery? Jan 21 06:54 AM
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