Another Step Toward Reasonable Preemption Case Law
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- Last month, the Sixth Circuit affirmed a complete defense verdict for Abbott Laboratories Inc. which was based in part on branded drug preemption. Rheinfrank v. Abbott Laboratories Inc., Case No. 16-3347, 2017 WL 680349 (6th Cir. Feb. 21, 2017). This defense decision is another... ›
Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The proposed rule would give generic drug manufacturers responsibility for maintaining the accuracy of... ›In a Victory for the “Drone Slayer,” Federal Judge Rejects Pilot’s Attempt to Create Federal Question Jurisdiction
On March 21, 2017, a federal judge in the Western District of Kentucky dismissed a lawsuit brought by a drone pilot, David Boggs, against the “Drone Slayer” William Merideth, a Kentucky man who shot down a drone that he believed was flying over his... ›Judge Koh Issues First Blow to “Added Sugars” Plaintiffs
By: Claudia M. Vetesi
The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company , No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases [1] against well-known cereal makers pending in the Northern District of California.... ›CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets
By: Erin M. Bosman and Julie Y. Park
We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”). [1] On March 1, 2017, CPSC met and unanimously approved removing the Magnet Sets Safety Standard from the... ›House Passes Bill Proposing Sweeping Changes to Class Action Litigation
By: Claudia M. Vetesi
The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action litigation untouched. For example, the provisions require... ›A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?
By: Erin M. Bosman and Julie Y. Park
Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has many wondering whether the trend of increased CPSC enforcement, and its pledge to issue increased... ›Expanding Duties and Eroding Protections for Medical Device Manufacturers
By: Erin M. Bosman and Julie Y. Park
Earlier this month, the Washington Supreme Court saddled medical device manufacturers with a new duty to warn under Washington law—the duty to warn hospitals about potential risks their products may pose—and eroded exemptions from strict liability afforded to manufacturers of certain “unavoidably unsafe” products.... ›District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North... ›Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal
By: Julie Y. Park and Brittany Scheinok
Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc. , winning dismissal of the case in its entirety. [1] The case was decided on Plaintiffs’ motion to remand and Defendants’ motions to dismiss after Defendant Ferring Pharmaceuticals removed the suit to federal... ›