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1
Fall To Bring More Than Just Foliage For New York Employers
New York lawmakers had a busy summer overhauling many of the state's existing workplace laws. Many of the newly enacted changes, as well as others enacted within the past year
United States
20 Sep 2019
2
The Unknown Unknowns – Differential Etiology And Idiosyncrasy
Donald Rumsfeld once justified attacking Iraq without firm evidence that his target possessed the ultimately apocryphal
Iraq
20 Sep 2019
3
Court Tosses Cookie Cutter Allegations
One size does not in fact fit all. Cookie cutters are great for ensuring uniformity.
United States
19 Sep 2019
4
California Leads The Way In Passing Landmark Legislation To Classify Gig Workers As Employees
As we have previously reported here, California Assembly Bill 5 (the bill) is slated to codify the California Supreme Court's 2018 landmark decision in Dynamex Operations West v. Superior
United States
18 Sep 2019
5
Is Extreme Obesity A Physical Characteristic Or A Disability?
Imagine you are a human resources professional or in-house employment counsel and you learn that an employee in your organization is seeking a job
United States
16 Sep 2019
6
PML Valsartan Order
Few things raise our blood pressure as much as the MDL process. MDL stands for Multi-District Litigation, but the M might as well stand for Mutilating and the D for Distorting.
United States
13 Sep 2019
7
Utah Decision Yields Decidedly Mixed Results
We had been waiting for the Utah Supreme Court's decision in Burningham v. Wright Medical for some time. As we pointed out in a blogpost when Burningham was first certified by the district court
United States
12 Sep 2019
8
Recent Traction In FDA's Development Of The 503A And 503B Bulks Lists
Just as the U.S. Food & Drug Administration ("FDA") promised in its 2019 compounding priorities statement, FDA published a notice and proposed rule in the Federal Register
United States
11 Sep 2019
9
New York Bolsters Workplace Safeguards For Domestic Violence Victims
Following New York City's lead, New York state and Westchester County have each enacted laws providing additional workplace protections to victims of domestic violence. In this post
United States
11 Sep 2019
10
Why Should FDA Warning Letters Be Any Different?
We've blogged numerous times about the tentative, non-final, and informal status of FDA warning letters (and untitled letters and similar enforcement precursors
United States
10 Sep 2019
11
Shameless Plug: Discount Code For Our Readers To 2019 ACI Drug & Device Conference
As your bloggers – at least those without school-aged children – begin to mourn the dawning end of summer, we do at least see one bright spot in the ever-shortening days
United States
10 Sep 2019
12
A Second Lipitor Cert Petition, This Time Raising Personal Jurisdiction
California courts continue to find ways to exercise personal jurisdiction over out-of-state defendants, even when there is little or no dispute that the Constitutio
United States
9 Sep 2019
13
It's Only A Minute Order, But Still It Bears Watching
This appeared on September 3, 2019, on the Missouri Supreme Court's list of "Writs and Other Original Proceedings":
United States
6 Sep 2019
14
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 States
5 Sep 2019
15
Biometric Privacy Legislation Trends Rise Nationwide
Several states are following the path of Illinois' Biometric Information Privacy Act (BIPA), a law that has led to a rise in the volume of class action privacy litigation and underlined
United States
5 Sep 2019
16
Telemedicine And The Learned Intermediary Rule
Somebody asked Bexis the other day whether he thought that the increasing reliance on "telemedicine" – physician consultations taking place online,
United States
4 Sep 2019
17
On The Eve Of Labor Day, A Win For Business From The NLRB
Today more than ever, U.S. businesses supplement their workforce with independent contractors as a solution to competitive and customer pressures
United States
2 Sep 2019
18
Fifth Circuit Approves Day Rates For Some Highly Compensated Employees
The Fifth Circuit Court of Appeals issued an opinion last week holding for the first time that a "day rate" in excess of $455 paid to a highly compensated employee
United States
2 Sep 2019
19
Georgia Court Makes Short Work Of PMA Medical Device Case
It's not a long decision – but there's still a lot to it. Maybe that's because there wasn't a lot to plaintiff's complaint. Regardless, Sharp v. St. Jude Medical, S.C., Inc., 2019
United States
2 Sep 2019
20
Mixed Treatment Of Clinical Trial Liability On Summary Judgment
A little knowledge is a dangerous thing. A jack of all trades is a master of none. These cutesy little phrases throw some derision toward one who
United States
30 Aug 2019
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