Searching Content indexed under Litigation, Mediation & Arbitration by Julie Park ordered by Published Date Descending.
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Change Is In The Air: Buerkle Withdraws Her Nomination To Chair The CPSC
This week, Acting Chairman Ann Marie Buerkle withdrew her nomination to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC).
United States
24 Jun 2019
Supreme Court Decides Prescription Drug Preemption Case In Favor Of Drug Manufacturer
The United States Supreme Court finally clarified its 11-year-old "clear evidence" standard for pharmaceutical preemption.
United States
13 Jun 2019
Digital Toy Product Company Ducks Data Breach Class Action
For the second time, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys.
United States
11 May 2018
Makeup Shake Up: Potential New Federal Cosmetics Regulations
"Make fine lines and wrinkles disappear!" "Reduce the visibility of fine lines and wrinkles!"
United States
5 Jan 2018
Fortune Favors The Quick (To Report): Judge Slaps Spectrum Brands With $1.9 Million Penalty In DOJ/CPSC Tag-Team Enforcement Action
A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA).
United States
27 Oct 2017
Bristol-Myers Squibb: The Aftermath
Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco City.
United States
17 Aug 2017
FDA's Denial Of Citizen's Petition "Clear" Enough For Preemption Of Failure-To-Warn Claims
The Tenth Circuit recently upheld a Utah district court's finding that a branded drug manufacturer could not be held liable for failing to warn consumers about alleged birth defect risks when the FDA...
United States
21 Jul 2017
Court Declines To Certify Class In False Advertising Case Without Survey Evidence Of A Common Consumer Definition
On June 7, 2017, a Central District Court of California declined to certify a class of consumers who alleged that 5-Hour Energy's marketing of an energy drink was misleading, finding that individual...
United States
23 Jun 2017
Closing The Door On Hybrid Product Defect/Fraud Claims
On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action...
United States
11 May 2017
CPSC To Consider New Magnet Set Safety Standards Following 10th Circuit Decision In Zen Magnets
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").
United States
31 Mar 2017
Expanding Duties And Eroding Protections For Medical Device Manufacturers
This decision comes as a surprise and represents an unexpected shift in the law with regard to medical device manufacturers.
United States
2 Mar 2017
Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking In The 10th Circuit
The United States Court of Appeals for the Tenth Circuit recently vacated the CPSC 2014 rulemaking that prohibits the importation and distribution of high-powered, small, rare earth magnet sets (SREMS).
United States
30 Jan 2017
Generalized Products Liability Claims Not Viable Post-Spokeo
The Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing.
United States
17 Jun 2016
Statute Of Limitations Taking The Steam Out Of CPSC-Backed Enforcement Action?
It is no secret that the U.S. Consumer Product Safety Commission is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act...
United States
18 May 2016
Defendants Secure Rare Summary Judgment In Zoloft MDL
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.
United States
9 May 2016
Definitely Not Zen – Magnets Attract Unprecedented Action From CPSC
The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations.
United States
18 Apr 2016
Federal Preemption Claims: Clear Evidence And An Unclear Standard
Last week, a federal court in Utah granted Aventis Inc.'s motion for summary judgment based on federal preemption of failure-to-warn claims.
United States
6 Apr 2016
Liability For Brand Drug Manufacturers All But Clear
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...
United States
3 Mar 2016
Defendants Find Relief From Burdensome Discovery Requests
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.
United States
12 Feb 2016
New Settlement Highlights FDA's Diminishing Power Over Off-Label Promotion
In a surprising turn of events, Pacira Pharmaceuticals, Inc. and the Food and Drug Administration (FDA) announced that they have settled their dispute regarding the off-label promotion of Exparel, one of Pacira's anesthetic drugs.
United States
31 Dec 2015
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