Class Dismissed

February 17, 2017 - Drug & Medical Device, Product Liability
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.
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February 06, 2017 - Drug & Medical Device, Product Liability
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
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December 09, 2016 - Environmental Law, Product Liability, Consumer Products, Retail
California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?
A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and other greenhouse gas–producing chemicals. CARB enforces these regulations with
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December 09, 2016 - Product Liability, Consumer Products, Retail, CPSC
Rare Court Decision in CPSC-Backed Enforcement Action
By: Erin M. Bosman and Julie Y. Park
A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)‑backed lawsuit. United States v. Spectrum Brands, Inc. , No. 15-CV-371-WMC, 2016 WL 6835371, at *24
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September 08, 2016 - Environmental Law, Product Liability
WARNING: California Adopts New Proposition 65 “How to Warn” Rules
By: William F. Tarantino
Last Friday, the state published the first major changes to the Proposition 65 regulations in more than a decade. The sweeping changes rewrite the “safe harbor” warning regulations and, in doing so, create a new set of challenges for businesses offering products or operating
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August 10, 2016 - Product Liability, Consumer Products, Class Action
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance
The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp ., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims. Plaintiff Kathleen
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August 01, 2016 - Product Liability
California Adopts the Sophisticated Intermediary Doctrine
By: Erin M. Bosman and Julie Y. Park
In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to warn consumers. Webb v. Special Electric Co. , No. S209927, slip op. (Cal. May 23,
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July 21, 2016 - FDA, Drug & Medical Device, Product Liability
FDA Releases Draft Guidance For Updating Generic Drug Labels
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
The U.S. Food and Drug Administration (FDA) recently released a draft guidance document with the goal of facilitating certain updates to abbreviated new drug application (ANDA) labels. In particular, the draft guidance addresses updates to ANDA labels where the product’s reference listed drug (RLD)
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June 10, 2016 - Drug & Medical Device, Product Liability, Consumer Products
Generalized Products Liability Claims Not Viable Post-Spokeo
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
The Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing. [1] As evidenced by the recent First Circuit case Hochendoner v. Genzyme Corp. , the analysis set forth in Spokeo is essential to determining the
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June 08, 2016 - Privacy, Product Liability, Aviation & Drones, Consumer Products
California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted
In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated California’s privacy laws. [1] The Court of Appeal held that the lawsuit was
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Topic Archives: Product Liability

Expanding Duties and Eroding Protections for Medical Device Manufacturers

By: Erin M. Bosman and Julie Y. Park

Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal

By: Julie Y. Park and Brittany Scheinok

California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

Rare Court Decision in CPSC-Backed Enforcement Action

By: Erin M. Bosman and Julie Y. Park

WARNING: California Adopts New Proposition 65 “How to Warn” Rules

By: William F. Tarantino

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

California Adopts the Sophisticated Intermediary Doctrine

By: Erin M. Bosman and Julie Y. Park

FDA Releases Draft Guidance For Updating Generic Drug Labels

By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok

Generalized Products Liability Claims Not Viable Post-Spokeo

By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted