The Pharmaceutical Applications of Nanotechnology
September 29, 2009
In last month's issue, the author began a discussion of nanomedical applications for disease diagnosis, therapy, and prevention, and of why the new technologies that make these advances possible are likely to change the practice of medicine. Now, he looks at more ways in which the use of nanomaterials in drugs and medical devices may affect the provision of health care and lead to new medical liability issues.
Alien vs. Policyholder
September 29, 2009
Although alien tort claims are still relatively novel, long-standing principles of insurance law, and judicial precedents established based on more familiar fact patterns, should provide helpful guidance to companies facing these claims.
REMS, Risk and Reward
September 29, 2009
REMS, or Risk Evaluation and Mitigation Strategy, is a new tool that Congress provided the FDA to ensure the safe use of certain types of prescription drug products. The FDA may require a drug manufacturer to include a REMS in its new drug application when the agency concludes this is necessary to ensure that the benefits of the drug outweigh its risks.
Is Europe Ready for Class Actions?
September 29, 2009
Several recent developments suggest that the European Union (EU) and some of its individual Member States are preparing to embrace the idea of collective redress mechanisms for consumer claims. Although an effective European collective redress mechanism has yet to materialize, the process toward crafting one is certainly underway.
Practice Tip: Products Class Action Incentive Awards
September 29, 2009
This article discusses the Ninth Circuit's recent decision in <i>Rodriguez v. West Publishing Co.</i>, 563 F.3d 948 (9th Cir. 2009), that specifically considered the viability of incentive awards and their impact on the adequacy of class representatives.
FJC's Study of Diversity Jurisdiction Class Actions
September 29, 2009
In November 2008, as part of its ongoing study of the impact of the Class Action Fairness Act of 2005 ("CAFA") upon federal courts, the Federal Judicial Center ("FJC") published Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions. That report studied 231 diversity jurisdiction class actions filed in or removed to federal court in the two years prior to Feb. 18, 2005, CAFA's effective date.
Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
September 29, 2009
In a recent opinion issued by Chief Judge Scirica the Third U.S. Circuit Court of Appeals has clarified the hurdle height to "jump over" in order to obtain class action certification. In so doing, the court has both "ratified" and, at the same time, "put greater bite into" the trend of imposing a stricter standard for certification.
Text Messaging
September 29, 2009
In recent years, consumers, cellular telephone providers, and state attorneys general have sued companies and their marketing firms under the Telephone Consumer Protection Act ("TCPA") and state consumer protection laws to curb "text spamming." These suits can result in substantial settlements of millions of dollars relating to a single promotional campaign.
The Definition of 'Management-Level' Employee Under Title VII
September 29, 2009
The United States Court of Appeals for the Third Circuit recently decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. This decision serves as an important reminder for all employers regarding the reporting and proper handling of discrimination and harassment complaints.
Law Firm Files
September 29, 2009
This article addresses what lawyers can do when they find themselves faced with a request for their files from receivers ostensibly standing in the shoes of their former clients but who, in fact, are working hand in hand with the SEC investigating the former client.
