Class Dismissed

April 18, 2022 - FDA, Drug & Medical Device, Product Liability
Pleading and Preemption: Immunization Against Vaccine Products Liability Claims
By: Julie Y. Park and Alexandra Preece Barlow
In a recent win for vaccine manufacturers, a district court found that federal law preempted claims against Merck, arising out of alleged injuries from the Gardasil vaccine. Herlth v. Merck & Co., Inc. , No. 3:21-cv-438 (JAM), 2022 WL 788669 (D. Conn., Mar. 15,
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July 09, 2021 - Environmental Law, Announcements & Press, Drug & Medical Device, Product Liability, MDL, Trials, Consumer Products, Pharmaceutical & Medical Devices, Class Action, Retail, Mass Torts
Morrison & Foerster Is Recognized As Tier 1 Firm in Product Liability, Mass Torts, and Class Action for Consumer Products
Legal 500 US 2021 has named Erin Bosman, David Fioccola, Jessica Grant, Julie Park, James Schurz, William Tarantino, and Claudia Vetesi among their top product liability and class action practitioners nationwide. The publication also recognized Morrison & Foerster as a top Tier 1 Firm
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November 24, 2020 - Coronavirus (COVID-19), Public Readiness and Emergency Preparedness Act (PREP Act), Announcements & Press, Drug & Medical Device, Product Liability, MDL, Class Action
Join Us: Drug & Medical Device Litigation Conference
By: Erin M. Bosman and Julie Y. Park
MoFo is a proud sponsor of the American Conference Institute’s Drug & Medical Device Litigation Conference , the premier products liability litigation event for the pharmaceutical and medical device industries for the past 24 years, to be held virtually on December 8 – 9,
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September 17, 2020 - Coronavirus (COVID-19), FDA, Drug & Medical Device, Product Liability
First Decisions Limit PREP Act Immunity in Coronavirus Context
By: Erin M. Bosman and Julie Y. Park
When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and medical products. So far, so good: the first court decisions interpreting PREP Act
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June 30, 2020 - Drug & Medical Device, Consumer Products, Antitrust, Arbitration
Schein On: Supreme Court to Decide Key Arbitration Delegation Question
The Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition to answer the question of “Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise
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May 26, 2020 - Coronavirus (COVID-19), FDA, Drug & Medical Device, Product Liability, Emergency Use Authorization (EUA)
FDA Signals Flexibility with COVID-19 Tests
By: Erin M. Bosman and Julie Y. Park
A bipartisan group of experts in economics, health, technology, and ethics recommended that the U.S. scale up COVID-19 testing—5 million per day by June, 20 million per day by midsummer—in order to fully re-mobilize the economy. Consistent with this, FDA has taken various steps
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July 03, 2019 - FDA, Drug & Medical Device, Product Liability, Pharmaceutical & Medical Devices
Committed to Clarity: FDA’s Dedication to Transparency with the End of ASR
By: Erin M. Bosman and Julie Y. Park
On June 21, the Food and Drug Administration (FDA) released a report titled “Statement on agency’s efforts to increase transparency in medical device reporting.” This report describes updates to FDA’s Medical Device Reporting (MDR) Program, namely the conclusion of the Alternative Summary Reporting (ASR) Program.
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January 16, 2019 - Drug & Medical Device, Consumer Products, Antitrust, Arbitration
Leave Arbitration to the Arbitrator: No “Wholly Groundless” Exception Where Contract Delegates Arbitrability Determination to the Arbitrator
By: Penelope A. Preovolos
The United States Supreme Court continued the pro-arbitration trend in its jurisprudence, as well as its strict construction of the Federal Arbitration Act, in its unanimous decision in Henry Schein , Inc. v. Archer & White Sales, Inc. , No. 17-1272, 2019 WL 122164
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October 24, 2018 - Privacy, FDA, Drug & Medical Device, Product Liability, Consumer Products
FDA Announces New Efforts to Combat Cybersecurity Threats in Medical Devices
By: Erin M. Bosman and Julie Y. Park
FDA is tackling cybersecurity threats head-on and expects industry to do the same. Earlier this month, FDA commissioner Scott Gottlieb, M.D., announced a series of developments designed to keep pace with evolving cybersecurity threats to medical devices. Industry should take note, as these developments
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June 13, 2018 - Privacy, Drug & Medical Device
A New Era in FTC Data Security Oversight?
By: Julie O'Neill
The U.S. Court of Appeals for the Eleventh Circuit has issued a ruling that may drastically change the nature of the relief that the Federal Trade Commission (“FTC”) seeks to impose on companies it alleges to have had inadequate data security measures in place.
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