Administrative Law – May 23, 2012

by Morrison & Foerster LLP on 5/22/2012

Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more

by Katten Muchin Rosenman LLP on 5/15/2012

The U.S. Court of Appeals for the Fifth Circuit last week held that any state claim related to the Federal Emergency Management Agency’s (FEMA) “Write Your Own” (WYO) flood insurance program is preempted by federal law if it...more

by Barger & Wolen on 5/11/2012

In Sciborski v. Pacific Bell Directory, the California Court of Appeal, Fourth Appellate District, Division One, determined that an employee’s claims for wage deductions under California Labor Code 221 was not preempted by...more

by Dechert LLP on 5/7/2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple...more

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/1/2012

The practice of "reverse payments" in ANDA litigation (where, typically, the branded drug manufacturer settles litigation brought under 35 U.S.C. § 271(e)(2) with a generic challenger) have been a thorn in the side of the...more

by Miller & Martin PLLC on 4/26/2012

We are not sure how many of you have run into this situation in your workforce yet. But we wanted to let you know in the event you do that the EEOC has recently confirmed that “transgender discrimination” is actionable under...more

by McNees Wallace & Nurick LLC on 4/24/2012

he National Labor Relations Board’s notice posting rule has been under fire since it was issued last year. In the past few months, the rule has garnered significant attention in courts around the country. The rule would...more

by Foley Hoag LLP on 4/19/2012

On August 25, 2011, the National Labor Relations Board (“NLRB”) implemented a rule requiring virtually all private employers in the United States to post a notice about workers’ rights under the National Labor Relations Act...more