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A doctor examines a vial containing a vaccine.

Two COVID-19 vaccines have been submitted for approval to the Food and Drug Administration. While this is an important step towards bringing the pandemic under control, the vaccine’s efficacy is limited unless an overwhelming majority of the population is vaccinated. Current polling suggests that only a slim majority of people would choose to receive the vaccine. So, if large numbers of people are unwilling to receive the vaccine, what’s next? Can the government make vaccination mandatory? Established case law demonstrate that it’s legally feasible, but whether lawmakers choose to pursue such legislation is an entirely different question in the current political atmosphere.

Continue reading Can the Government Require You To Get a COVID-19 Vaccine?

Hydrocodone pills and bottles. Hydrocodone is an opioid painkiller.

The ravages of the nation’s opioid crisis are regular topics in the news today. The costs in damaged lives, healthcare expenses, lost productivity, and criminal activity are ever-growing. Now a new avenue for recouping those costs is opening: the plaintiffs’ bar is actively recruiting state and local governments to sue opioid manufacturers to recover the costs of combating the use of opioids. States, cities, and counties are signing up in record numbers, seeking reimbursement for the costs of battling opioid addiction.

Continue reading Next Step in the Opioid Crisis: Litigation

Alligator. Photo by Laura Wolf.

RDM’s Kevin Deenihan and Matt Jensen discuss fighting reptile theory in an article titled “Fighting Reptile Theory in Court: Making Plaintiffs’ Attorneys Feel Survival Danger” in the February 2016 issue of the Defense Research Institute‘s Trials and Tribulations. “Awareness of this vulnerability and familiarity with typical Reptile Theory tactics are keys to using this weakness against Plaintiffs’ counsel,” write Deenihan and Jensen. Read the entire article below.

Continue reading Fighting Reptile Theory in Court