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Food and Drug Administration (FDA) › Pleadings

Patterson Belknap Webb & Tyler LLP

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

Patterson Belknap Webb & Tyler LLP on

When is a food “healthy”?  And who gets to decide?  A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t...more

Katten Muchin Rosenman LLP

Sixth Circuit Affirms Dismissal of Securities Class Action for Failure to Properly Plead Scienter

Katten Muchin Rosenman LLP on

On March 28, the US Court of Appeals for the Sixth Circuit affirmed a lower court’s dismissal of a shareholder class action against BioMimetic Therapeutics Inc., finding that plaintiffs had failed to sufficiently allege that...more

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