Communications & Media Products Liability Constitutional Law

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Distinguishing Standing and Injury in 75-1.1 Cases

A Minnesota judge was probably enjoying fond October baseball memories when he recently wrote a notable decision in a putative class action that involved kosher hot dogs. That decision, Wallace v. ConAgra, addresses the roles...more

Food and Beverage News and Trends

Vermont AG defends the state’s GMO statute. On August 8, the Vermont attorney general filed a motion to dismiss a case brought by food trade groups against the state’s newly enacted statute requiring GMO foods be...more

Food Litigation Newsletter

In This Issue: - Recent Significant Developments and Rulings ..100% Natural Tea Case Survives Dismissal ..Claims in Chocolate Case Survive Dismissal ..Court Denies Class Certification in “All Natural”...more

Settlement in False Advertising Class Action Leaves First Amendment Questions Unanswered

On April 30, 2014, the plaintiffs in Bezdek v. Vibram, a class action in the District of Massachusetts, filed for court approval of a class wide settlement. The case had been brought against Vibram, the Italian manufacturer...more

Food Litigation Newsletter - April 22, 2014

In This Issue: - Decisions ..Court Dismisses In Part for Lack of Specificity ..Court Dismisses Evaporated Cane Juice Claims Where Labels Disclosed Sugar Content ..Court Dismisses In Part for Lack of...more

The Supreme Court Redefines Standing Test for Lanham Act False Advertising Claims

On March 25, 2014, the Supreme Court clarified the standing requirements for false advertising claims brought under the Lanham Act. In Lexmark Intl., Inc. v. Static Control Components Inc., 572 U.S. ___ (2014), the Court, in...more

Federal Court Rejects Controversial Attempt To Expand Class Action Liability

In a putative class action in federal court, the U.S. District Court for the District of New Jersey quickly put to rest a controversial theory advanced by the plaintiffs to allow them to sue defendants who admittedly caused...more

Goodbye to Generic Preemption? FDA Publishes Proposed Rule

Today, the U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule in the Federal Register in an effort to “create parity” between brand-name and generic manufacturers for their labeling obligations. 78...more

More Inspiration from the Courts on Commercial Speech

When most of us think of the First Amendment, commercial speech is probably not what springs to mind. A business talking about its products doesn’t fit our classic perception of free speech. It will never equal the “I Have...more

FDA Takes It On The Chin Again In First Amendment Case

This opinion involves cigarette warnings, so we have to be careful, since Dechert represents tobacco companies. We recommend that our readers interested in First Amendment issues take a look at R.J. Reynolds Tobacco Co. v....more

You Heard It Here First

Yesterday's Wall Street Journal has an interesting article about the FDA's off-label promotion ban being "in some jeopardy" after the Supreme Court's Sorrell decision, and pointing to the Caronia case, to be decided "within...more

Interesting First Amendment Law Review Note

A recent law review note, Kristie Lasalle, "A Prescription for Change: Citizens United's Implications for Regulation of Off-Label Promotion of Prescription Pharmaceuticals, 19 J. L. & Pol’y 867 (2011), copy here (Please see...more

Industry Tries Again For Clarity Concerning Off-Label Promotion

With the ink barely dry on the Supreme Court’s recent decision that pharmaceutical detailing is First Amendment protected commercial speech, see Sorrell v. IMS Health Inc., ___ U.S. ___, 2011 WL 2472796, at *8 (U.S. June 23,...more

Two More From The Supreme Court

Generic Manufacturers Win Preemption In Mensing The Court decided 5-4 in favor of generic preemption today in Pliva, Inc. v. Mensing, No. 09–993, slip op. (U.S. June 23, 2011). We’d like to talk about Mensing, but it’s a...more

Zyprexa Litigation, et al; In Re: Injunction

Memorandum, Final Judgment, Order & Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Reply Memorandum in Support of its Motion to Modify & Extend the Court's 01-03-07 Temporary...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Nonparties Mindfreedom International et al's Joint Memorandum of Points & Authorities in Opposition to Eli Lilly's Request to...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

(Proposed) Order for Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Amended Proposed Findings of Fact Concerning the Temporary Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Memorandum of Points & Authorities Concerning Its Request To Modify & Extend the Court's...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Invitation & Order by the court to New York Times reporter Alex Berenson to voluntarily appear

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Response of James B. Gottstein to Order to Show Cause Issued at Behest of Defendant Eli Lilly & Company & Joinder in...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Memorandum in Response to Motions Filed by John Doe, Vera Sharav, David Cohen & The Alliance for...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Supplemental Brief For Clarification of Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Notice of Motion & Motion for Reconsideration or in the Alternative for Stay Pending Appeal

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

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