As is often the case in pharmaceutical product liability actions, another group of plaintiffs' claims suffered a fatal deficiency: establishing a causal association between the drug at issue and the alleged injury.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The First Circuit recently addressed whether a consumer's action against Conagra could proceed where the consumer alleged that Conagra deceived her by labeling Wesson Oil "100% Natural." In actuality...
Arnold & Porter
The most recent round of FDA cannabidiol (CBD) warning letters, issued on April 23, 2020, closely follows the agency's enforcement priorities, outlined in its March update, to focus on...
On April 30, 2020, the FDA published guidance clarifying the nature and scope of exemptions and exclusions to certain requirements under the Drug Supply Chain Security Act triggered...
Duane Morris LLP
The animal rights organization People for the Ethical Treatment (PETA) is well known for attention-grabbing tactics. Even in "normal" times, PETA can be counted on to push the envelope (or break through it entirely).
Foley & Lardner
With the updated guidance, the commercial manufacturers of serology tests must submit an Emergency Use Authorization (EUA) request to the FDA.
Ropes & Gray LLP
On May 4, 2020, the U.S. Food and Drug Administration ("FDA") issued an update to its "Policy for Diagnostic Tests for Coronavirus Disease-2019
Sheppard Mullin Richter & Hampton
On May 4, 2020, the US Food and Drug Administration (FDA) updated its enforcement policy on antibody tests for COVID-19.
Davis & Gilbert
Numerous unscrupulous retailers are seizing on the COVID-19 crisis — and the public health fear that the overall population is experiencing...
Klein Moynihan Turco LLP
Every day, heartwarming stories are emerging about selfless acts of kindness that have occurred during the Covid-19 pandemic.
The Third Circuit issued a gem of an opinion on class certification last month, and we like it because it puts a laser focus on what a plaintiff has to prove to get a class certified and the district
Seyfarth Shaw LLP
The United States District Courts for the District of New Jersey and the Southern District of New York recently dismissed putative securities class action complaints filed against...
Shearman & Sterling LLP
On April 28, 2020, Judge Victor Marrero of the United States District Court for the Southern District of New York dismissed a putative class action asserting claims under Section 10(b)
Not long ago, in our "Post-Albrecht Preemption Pummels Pradaxa Plaintiffs" post we discussed several recent favorable preemption decisions in product liability litigation...
Arnold & Porter
On 4 May 2020, the European Medicines Agency (EMA) issued a guidance to support development and regulatory approval for treatments and vaccines for COVID-19 ...
The "fraud on the FDA" claim that the Supreme Court held preempted in Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001)
Seyfarth Shaw LLP
While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of....
Two and half years ago we posted about a favorable California Superior Court ruling in the Risperdal and Invega Product Liability Cases litigation finding plaintiffs' claims were preempted because...
Holland & Knight
On May 14, 2020, Holland & Knight's West Coast Land Use and Environment Group hosted a virtual town hall discussion, reflecting upon how California's shelter-in-place orders for the COVID-19 crisis
Morrison & Foerster LLP
A federal court in Florida has entered a temporary restraining order against the Genesis II Church of Health and Healing (Genesis) ...