Federal district courts have recently denied class certification in instances in which the plaintiffs sought medical monitoring, citing causation issues better addressed on an individual basis.
May 27, 2008Geoffrey Phelan
In this article, we discuss the issue of federal officer removal, i.e., the removal of a state action to federal court on the ground that the government had such control over the defendant that the defendant was essentially acting as a federal officer.
May 27, 2008James Aiosa and Paul V. MajkowskiPart One of this series discussed the advantages of coordinating state and federal mass torts cases, and specifically addressed New York law. The conclusion describes the process of applying for coordination in New York State.
May 27, 2008James Weller, Joseph Ortego and Laurie BloomWhen it comes to determining whether a product is a drug, a cosmetic, or both under the Federal Food, Drug and Cosmetic Act of 1938, the focus has been mostly on the marketing and promotional claims related to the product, at least based on available FDA guidance, case law, and recent enforcement actions. As the market for cosmeceuticals continues to grow, however, and if more products are formulated with ingredients found in FDA-approved prescription drugs, that focus could change.
May 27, 2008Kimberly H. ClancyEverything contained in this issue, in an easy-to-read format.
May 27, 2008ALM Staff | Law Journal Newsletters |In-depth analysis of recent rulings.
May 27, 2008ALM Staff | Law Journal Newsletters |All companies must live with the risks and uncertainties inherent in their businesses. Doing business with Chinese manufacturers, however, recently has proven to be more risky than some companies had anticipated.
May 27, 2008Jonathan M. Cohen, Stephen A. Weisbrod, and Kami E. Quinn