Comments on: Case of the Day: BonSens v. Pfizer https://lettersblogatory.com/2024/04/14/case-of-the-day-bonsens-v-pfizer/ The Blog of International Judicial Assistance Sat, 09 Nov 2024 17:18:58 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2024/04/14/case-of-the-day-bonsens-v-pfizer/#comment-12832 Wed, 17 Apr 2024 01:17:39 +0000 https://lettersblogatory.com/?p=32654#comment-12832 In reply to Ralph Stone.

Well, you might be right, Ralph! But that’s not what the decision will be cited for.

]]> By: Ralph Stone https://lettersblogatory.com/2024/04/14/case-of-the-day-bonsens-v-pfizer/#comment-12793 Mon, 15 Apr 2024 18:46:32 +0000 https://lettersblogatory.com/?p=32654#comment-12793 While I agree with you that the Second Circuit might have considered the possibility that evidence gained by the 1782 application might be used in the French appellate proceedings, and this normally should have been given more weight, perhaps what is really at work is that BonSens is portrayed in the opposition papers – rightly or wrongly (but reasonably persuasively) – as a bunch of anti-vax conspiracy theorists. Their agenda was likely more insidious than the seemingly commercial strategy of nullifying an indemnification clause, and even if unstated as the basis for rejecting the application, the lower court’s exercise of discretion not to participate in that activity is hard to construe as an abuse.

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