Class Dismissed

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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May 04, 2016 - Drug & Medical Device, Product Liability, MDL
Defendants Secure Rare Summary Judgment in Zoloft MDL
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In an unusual turn of events, U.S. District Judge Cynthia Rufe recently granted defendants’ motion for summary judgment as to over 300 cases in the Zoloft MDL. [1] These cases were consolidated in 2012 and involved allegations that the antidepressant drug Zoloft causes birth
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April 27, 2016 - Class Certification, Product Liability, Consumer Products, Class Action
What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case
On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone to staining clothes and leaving them with a moldy smell,
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April 26, 2016 - Product Liability, Aviation & Drones
Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims
In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct does not categorically preempt such claims. Sikkelee v. Precision Airmotive
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March 30, 2016 - FDA, Drug & Medical Device, Product Liability
Federal Preemption Claims: Clear Evidence and an Unclear Standard
By: Erin M. Bosman and Julie Y. Park
Last week, a federal court in Utah granted Aventis Inc.’s motion for summary judgment based on federal preemption of failure-to-warn claims. Cerveny v. Aventis, Inc. , 2016 U.S. Dist. LEXIS 34182 (D. Utah Mar. 16, 2016). The court found that the FDA’s rejection of
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March 07, 2016 - Privacy, Internet of Things, Product Liability
Internet of Things: Whose Data Is It Anyway?
The Internet of Things (IoT) is booming. Smart cars, wearable health trackers, connected medical devices, drones—entrepreneurs and evolving industry are connecting to the world in ways only science fiction writers imagined. In 2008, the number of connected devices surpassed the number of people on
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February 29, 2016 - Privacy, Internet of Things, FDA, Drug & Medical Device, Product Liability
FDA Embraces Internet of Things: New Draft Guidance on Postmarket Cybersecurity for Medical Devices
By: Erin M. Bosman and Julie Y. Park
The FDA’s recently issued draft guidance on “ Postmarket Management of Cybersecurity in Medical Devices ” seeks to address some of the increasing concerns that medical device providers, regulators, and consumers have about postmarket cybersecurity standards related to medical devices. Because the consequences of
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February 24, 2016 - FDA, Drug & Medical Device, Product Liability
Liability for Brand Drug Manufacturers All But Clear
By: Erin M. Bosman and Julie Y. Park
Earlier this month, a federal district court in Illinois denied GlaxoSmithKline’s (GSK) renewed summary judgment motion based on federal preemption of failure-to-warn claims in an opinion setting tough standards for brand drug manufacturers. Judge Zagel found that GSK had not shown “clear evidence” that
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February 08, 2016 - FDA, Drug & Medical Device, Product Liability, MDL
Defendants Find Relief from Burdensome Discovery Requests
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
Litigation often involves lengthy battles over the proper scope of discovery. Defendants with substantial resources frequently find themselves on the receiving end of unreasonable discovery requests in an attempt to overwhelm the party and stall litigation. A recent district court decision in In re
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December 18, 2015 - Product Liability, Aviation & Drones, FAA
FAA Announces Drone Registration, but Legal Challenges Loom
Note: In light of the FAA’s announcement of the drone registry, we’ve revisited our recent analysis of its authority to require registration.] On December 14, 2015, the FAA issued the much-anticipated “Registration and Marking Requirements for Small Unmanned Aircraft Interim Final Rule” (the “Interim
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Topic Archives: Product Liability

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

Defendants Secure Rare Summary Judgment in Zoloft MDL

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

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

Federal Preemption Claims: Clear Evidence and an Unclear Standard

By: Erin M. Bosman and Julie Y. Park

Internet of Things: Whose Data Is It Anyway?

FDA Embraces Internet of Things: New Draft Guidance on Postmarket Cybersecurity for Medical Devices

By: Erin M. Bosman and Julie Y. Park

Liability for Brand Drug Manufacturers All But Clear

By: Erin M. Bosman and Julie Y. Park

Defendants Find Relief from Burdensome Discovery Requests

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

FAA Announces Drone Registration, but Legal Challenges Loom