MoFo Named #1 Producer of Quality Products-Liability Content
- For the second year in a row, Morrison & Foerster has been named the “Top Firm” for Products Liability content by JD Supra’s 2020 Readers’ Choice Awards. The awards recognize just a single firm in each practice area. Erin Bosman , co-chair of the... ›
CARES Act of 2020: Guide for Drug and Device Companies
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (or “the Act”) is an unprecedented $2 trillion economic stimulus package passed to help mitigate the economic and health consequences caused by the COVID-19 pandemic and to strengthen the U.S. health system going forward. The... ›CPSC Recall Remedies in the Time of COVID-19
By: Erin M. Bosman and Julie Y. Park
The Consumer Product Safety Commission (CPSC) recognizes that companies everywhere are in the midst of responding to the impact of COVID-19 on business operations, including government stay-at-home orders that could see some operations temporarily close. Given these “extraordinary circumstances,” the CPSC issued a notice... ›PREP Act Declaration Emboldens Drug and Device Industry to Innovate in the Face of a Growing Crisis
By: Erin M. Bosman and Julie Y. Park
COVID-19 is, quite literally, putting the medical supply industry to the test. Manufacturers are being pushed to develop novel products like therapies and vaccines to combat the disease as quickly as possible. The Public Readiness and Emergency Preparedness (PREP) Act encourages drug and medical... ›Start Your Engines: The U.S. Supreme Court Will Yet Again Review the Constitutional Limits of Personal Jurisdiction in a Pair of Cases Involving Ford Motor Company
By: Brian R. Matsui
Lower courts’ inability or refusal to confine cases to their proper fora compels the Supreme Court to spend precious docket space restating the rules governing personal jurisdiction. The Due Process Clauses of the Fifth and Fourteenth Amendments limit courts’ authority to exercise personal jurisdiction... ›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.... ›Change Is in the Air: Buerkle Withdraws Her Nomination to Chair the CPSC
By: Erin M. Bosman and Julie Y. Park
This week, Acting Chairman Ann Marie Buerkle withdrew her nomination to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC). She will wrap up her tenure as Acting Chairman, a position she has held since February 2017, on September 30, and will... ›- - Appellate & Supreme Court, Class Certification, Product Liability, Consumer Products, Class Action
Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard For Settlement Classes
By: Penelope A. Preovolos
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.[1] Hyundai II preserves the ability to certify nationwide settlement classes while maintaining... › Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer
By: Erin M. Bosman and Julie Y. Park
The United States Supreme Court finally clarified its 11-year-old “clear evidence” standard for pharmaceutical preemption. In its much-anticipated opinion delivered by Justice Breyer, the Court unanimously reversed the Third Circuit’s holding that questions of pharmaceutical preemption should be decided by juries. Merck Sharp &... ›The Daily Journal Names Julie Park to its list of 2019 Top Women Lawyers in California
We’re proud to announce that the Daily Journal has named Julie Park to its list of 2019 Top Women Lawyers in California. The annual award series recognizes the successes of women lawyers in the court room and at the negotiating table, as well as... ›