Ellen Adler

Ellen Adler

Morrison & Foerster LLP

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Ventress III Provides Another Tool for Airlines: Ninth Circuit Says Federal Aviation Act Preempts Pilot’s State Law Employment...

On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more

4/1/2014 - Airline Employees Airlines Federal Aviation Act Preemption Retaliation

Proposed Changes to CPSA Section 6(b) Reduce Protections Currently Available to Manufacturers and Private Labelers

Section 6(b) of the CPSA establishes procedures for and restrictions on the CPSC’s public disclosure of information. It prohibits the CPSC from disclosing information about a consumer product that identifies a company unless...more

2/27/2014 - CPSC Disclosure Requirements Manufacturers

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

1/29/2014 - Air Wisconsin v. Hoeper ATSA Defamation First Amendment Free Speech SCOTUS Transportation Security Administration

Out of the Box - Volume 1, Issue 1, June 2013: Proceed With Caution When Warning Product Users

For most consumer product companies, in-house counsel and risk managers can never be too careful when it comes to providing warnings or other disclosures that describe (and qualify) the potential risks and benefits associated...more

6/10/2013 - Duty to Warn Manufacturers Risk Management Safety Precautions Warning Labels

Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA...

Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the...more

5/16/2013 - Abbott Laboratories Dear Doctor Letters Drug Manufacturers Failure To Warn FDA Pharmaceutical Prescription Drugs

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and...more

5/10/2013 - Buckyballs CEOs CPSC Liability Manufacturers Officers Penalties Product Recalls

CPSC Imposes Comprehensive Compliance Programs in Two Settlements, Warns this is the Wave of the Consumer Products Future

It is no news that Section 15(b) of the Consumer Product Safety Act (the Act) requires immediate reporting to the Consumer Product Safety Commission (CPSC) of any information which could support the conclusion that a product...more

5/9/2013 - Compliance CPSC Reporting Requirements Safety Precautions Settlement

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