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  • Article

    Lit Alerts—July 2019

    The Second Circuit Court of Appeals recently affirmed the SDNY'S dismissal of suits against Bristol-Myers Squibb Co. and Pfizer Inc. on the ground that the suits asserted state-law claims that were preempted by the FDCA.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Arnold & Porter
    Arnold & Porter
  • Article

    Medical Causation Experts Pass Daubert Test, But Cannot Opine On Plaintiff's Lack Of Capacity To Sign Release

    We typically write about product liability cases, not medical malpractice actions.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Reed Smith
    Reed Smith
Article

Philadelphia Life Sciences CLE Day For In-House Counsel: November 10

Reed Smith's Life Sciences Health Industry Group is hosting a Life Sciences CLE Day at our Philadelphia office on Thursday, November 10.
United StatesFood, Drugs, Healthcare, Life Sciences
Reed Smith
Reed Smith
  • Article

    Recent Warning Letters December 2014

    FDA posted warning letters to drug and device manufacturers, as well as one fertility center, for violations related to CGMP.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Jones Day
    Jones Day
  • Article

    Skittles Survive As California Passes Landmark "California Food Safety Act"

    The so-called "Skittles Ban" is no more, but earlier this week the California legislature passed a novel bill that would ban four food additives from grocery store shelves starting in 2027.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Vaping Businesses Catch A Bad Rap: The Recent Ban of ALL Vaping Products In Massachusetts Unfairly Prejudices The Vape Industry And Vape Consumers

    Massachusetts has taken a drastic and abrupt step by banning the sale of all vaping products, nicotine and THC, within its state borders for the next four months.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Federal Court Says "I Can't Hear You" To 3M Company's Efforts To Invoke Government Contractor Defense To Defective Earplug Claims

    3M Company tested that proposition and lost in multidistrict litigation involving design defect and failure to warn claims over earplugs issued to members of the United States military.
    United StatesGovernment, Public Sector
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    California's Insurance Commissioner Encourages Admitted Carriers To Insure Cannabis Risks

    Members of Wilson Elser's Cannabis Law practice attended a teleconference led by California Insurance Commissioner Dave Jones with 63 insurance industry stakeholders on May 22, 2017...
    United StatesInsurance
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Do Asbestos Rip-Out Claims And The "Abandoned Materials" Policy Exception Neutralize The Impact Of The Completed Operations Aggregate?

    In an effort to avoid the impact of the completed operations aggregate limit, policyholder counsel sometimes attempt to characterize claims as (1) rip-out exposures, or (2) as relating to "abandoned or unused materials," so as to come within a common insurance policy carve-out from the Completed Operations Hazard.
    United StatesInsurance
    Duane Morris LLP
    Duane Morris LLP
  • Article

    New York Amends The New Insurance Disclosure Requirements

    On this site, we previously reported about the comprehensive rule changes made in New York to a defendant's obligation to provide disclosure regarding available insurance coverage.
    United StatesInsurance
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    N.Y. Court: Multiple Claims Arising From Exposure To Defective Product Constitute Separate Occurrences

    On April 15, 2008, the New York Appellate Division, First Department, affirmed a lower court's determination that product liability claims arising from the manufacture and distribution of the same product constitute multiple occurrences under general liability policies.
    United StatesInsurance
    Sedgwick Detert Moran & Arnold
    Sedgwick Detert Moran & Arnold
  • Article

    Pitfalls Of Trademmark Licencing

    A fundamental principle of trademark law requires a trademark owner to control the nature and quality of the goods or services sold under a licensed mark.
    United StatesIntellectual Property
    Pillsbury Winthrop Shaw Pittman
    Pillsbury Winthrop Shaw Pittman
  • Article

    CPSC At The Border: Challenges For Importers

    When most consumer product companies think about the Consumer Product Safety Commission (CPSC), they think recalls and injury prevention.
    United StatesInternational Law
    ArentFox Schiff
    ArentFox Schiff
  • Article

    Alabama Court Rules Recall Notice Insufficient to Establish Defect or Causation in Medical Device Case

    A major drug or medical device recall often is followed by a spate of product liability lawsuits by claimants hoping for recovery made easier by the manufacturer's perceived admissions in the recall notice.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    C.D. Illinois Rejects Spoliation Claim For Lack Of Special Relationship

    Last week, we found ourselves focusing on spoliation issues in two different cases, one at the front-end (an early case assessment) and one at the back-end (haggling over jury instructions).
    United StatesLitigation, Mediation & Arbitration
    Reed Smith
    Reed Smith
  • Article

    Daubert Meets Res Ipsa: Seventh Circuit Rejects Twin Theories Of Liability In Uniform Defect Suit

    Zurbriggen underscores that plaintiffs alleging injury from consumer products must present reliable expert causation evidence and signals courts’ resistance to the use of equitable doctrines like res ipsa loquitur to substitute for proof of defect, exposure, and causation.
    United StatesLitigation, Mediation & Arbitration
    Dechert
    Dechert
  • Article

    Delaware Narrows The Lens On Litigation Funding Discovery

    Delaware’s amended Rule 26(b) draws a clear line on litigation funding disclosure: funder existence, identity, and control rights are discoverable, but the agreement’s substance and the funder’s work product are not, absent a showing of cause. The rule lands squarely in the middle of a fast-diverging national landscape on third-party litigation funding disclosure requirements.
    United StatesLitigation, Mediation & Arbitration
    Dechert
    Dechert
  • Article

    Florida Parental Pre-Injury Releases: Are They Worth The Paper They’re Written On?

    On December 11, 2008, the Florida Supreme Court issued a ruling invalidating pre-injury releases signed by parents on behalf of their minor children when children are injured participating in commercial activities.
    United StatesLitigation, Mediation & Arbitration
    Holland & Knight
    Holland & Knight
  • Article

    Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

    The first is when a vendor willfully and unlawfully sells or furnishes alcohol to an underage patron who then causes injury or damage to another.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    In "Riegel v. Medtronic" The Court Decides To Leave Medical Device Approvals To FDA Experts

    Rapid advances in medical science are bringing an astonishing array of new therapies to patients. At the same time, those advances raise significant questions about how to strike an appropriate balance between patient safety and the availability of potentially lifesaving drugs and medical devices.
    United StatesLitigation, Mediation & Arbitration
    Nutter McClennen & Fish LLP
    Nutter McClennen & Fish LLP
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