Case Notes

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  Defeating Certification of “No-Injury” Consumer Protection Class Actions

  By Steven P. Benenson

  In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.

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  Maximizing Future Medical Damages in Paralysis Cases

  By Mitch Warnock

  When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.

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  Genetic Labeling: Legal Uncertainty for Pharma Product Liability

  By Shannon E. McClure and Whitney Mayer

  The FDA’s recent approval of 23andMe’s direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.

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  Exclusion of Evidence: The FDA's 510K Process

  By Janice G. Inman

  In a drug or medical device injury case, one of the defense's most potent arguments often is that the product in question underwent FDA approval. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

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