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UK: FCA 2017/2018 Business Plan - Sector priorities for general insurance

by Hogan Lovells on

In its recently published 2017/2018 Business Plan the FCA outlines its priorities for the general insurance sector over the coming year and beyond....more

WDNY Holds that Tysabri Warnings are Adequate as Matter of Law and that Product Liability Claims are Preempted

by Reed Smith on

However a drug/device product liability is styled, it will almost always be focused on a claim of failure to warn. Why do plaintiffs insist on inserting a cause of action for manufacturing liability when there is not a whiff...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

Vast – Or at Least Half-Vast – Conspiracy Claim Dismissed

by Reed Smith on

Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA officials, President Obama, Robert Mercer (noted Trump supporter and...more

May 30 is Fast Approaching – Are You Ready for Compliance with the Amended Act on Protection of Personal Information in Japan?

by Alston & Bird on

Japan’s Act on Protection of Personal Information currently in force (“Current APPI”) dates back to 2003. It was originally enacted on May 30, 2003, and came into effect in 2005. Ten years later, the National Diet passed...more

Another Step Toward Reasonable Preemption Case Law

by Morrison & Foerster LLP on

Last month, the Sixth Circuit affirmed a complete defense verdict for Abbott Laboratories Inc. which was based in part on branded drug preemption. Rheinfrank v. Abbott Laboratories Inc., Case No. 16-3347, 2017 WL 680349 (6th...more

Does Buckman Preemption Apply to Antitrust and RICO Claims?

by Reed Smith on

We talk a lot on this blog about Buckman preemption. That isn’t just out of pride regarding Bexis’s role in the bone screw litigation that led up to the Buckman decision. The principle in Buckman is important. What happened...more

Man Convicted of “Reckless Endangerment” in Drone Accident; Civil Suit Likely to Follow

by Cozen O'Connor on

On February 24, 2017, a Washington judge sentenced Paul M. Skinner to 30 days in jail and a $500 fine for “reckless endangerment” arising from the use of a personal drone. Skinner lost control of the two-pound drone during...more

Eleventh Circuit Affirms A Very Unhappy Unverdict Against Hip Manufacturer

by Reed Smith on

A funny thing happened on the way to a defense verdict last year—after the jury decided that the defendant’s product was not defective, the MDL judge told the jurors that perhaps they did not “fully understand” and instructed...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Spoiler Alert: Florida Appellate Court Upholds PMA Preemption and Rejects Parallel Claim

by Reed Smith on

Over the years, comedian Adam Carolla has played the “Germany or Florida” game on his various radio and tv programs and podcasts. The game is based on the observation that many of the most bizarre stories of human ineptitude...more

Product Liability Update: January 2017

by Foley Hoag LLP on

Massachusetts Appeals Court Holds Birth Control Patch Manufacturer Had Duty to Warn Patient Directly But Packet Insert Adequately Warned of Greater Risk of Blood Clots As Compared to Birth Control Pill; Design Defect Claim...more

Snapchat Clocks Section 230 Win in Speed Filter Case

We have been monitoring a trend of cases narrowing the immunity provided to website operators under Section 230 of the Communications Decency Act (CDA). A recent decision by a state court in Georgia, however, demonstrates...more

NIST Releases Update to Cybersecurity Framework

The National Institute of Standards and Technology (NIST) has issued an update to its Framework for Improving Critical Infrastructure Cybersecurity, which includes information relating to managing supply chain risks,...more

Product Liability: 2016 Year in Review | News & Insight

Massachusetts state and federal courts issued a number of important product liability decisions in 2016. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

SDNY Applies Preemption in Favor of Branded Drug

by Reed Smith on

On January 3, 2017, we commenced the dreary process of taking down the Christmas decorations. The German nutcrackers slid back into their cartons. Stockings marched from the mantle into plastic storage containers. We picked...more

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines?

Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to perform tasks involving human-like decisionmaking, intelligence, learned skills and/or...more

Extra! Extra! Read All About It! Publication Notice of Claims Bar Date Satisfies Due Process Requirements

by Robins Kaplan LLP on

In a recent decision involving the adequacy of publication as a means of notice to creditors, the United States Bankruptcy Court for the Southern District of New York reaffirmed the importance of a thorough bar date noticing...more

In a Rough Year for CDA §230, Manchanda v. Google Provides Comfort to Website Operators

As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the Communications Decency Act (CDA) still provides robust protection against liability for website...more

Awful Missouri Venue/Joinder Ruling Offers Way Out – Take It!

by Reed Smith on

Even after having read it through twice, we find the result in Barron v. Abbott Laboratories, Inc., ___ S.W.3d ___, 2016 WL 6596091 (Mo. App. Nov. 8, 2016), hard to fathom, and even harder to stomach. For several years after...more

Intellectual Property Bulletin - Fall 2016

by Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

When It Comes to Liability, Whose User Generated Content Is It Anyway?

by Garvey Schubert Barer on

Hospitality industry stakeholders who host sites for online reviews or rely on review sites such as Yelp, Trip Advisor, Urban Spoon, or Oyster, may take comfort in the recent Ninth Circuit decision regarding the liability of...more

Start Hiring: 28,000 Data Protection Officers Needed by 2018

by McGuireWoods LLP on

A study by the International Association of Privacy Professionals has found that 28,000 data protection officers (DPO) will be needed in the next two years for companies to comply with the EU’s new General Data Protection...more

Autonomous Safety Technologies: Lowering the Bar for the Alert and Safe Driver

by Rumberger Kirk & Caldwell on

In 2013, The National Highway Traffic Safety Administration (NHTSA) released a ‘Preliminary Statement of Policy Concerning Automated Vehicles’ (the “Policy”). The Policy includes a classifications system partitioning vehicle...more

Battery Problems Spread to Smartphones

by Cozen O'Connor on

After more than a decade of laptop battery fires, coupled with the surge in new battery operated devices causing fires (including hoverboards and e-cigarettes), it seemed almost impossible that news of a new string of...more

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