We don't like it, but sometimes we have to present bad news. Such is the case with Murthy v. Abbott Laboratories, 2011 U.S. Dist. Lexis 129102 (S.D. Tex. Nov. 8, 2011). There’s a lot of things wrong with Murthy, but one of the worst is that it’s another poster child for a supposed “prediction” of state law that instead running roughshod over it and creates unprecedented liability according to the federal court’s personal predilections.

We’ve posted many times that under the Erie doctrine, in the words of the Supreme Court...