The Ninth Circuit has confirmed that a lack of summary judgment evidence linking a product to concrete injury may properly halt a would-be class action in its tracks if a defendant preemptively moves for summary judgment...more
Aligning with neighboring New York, and clearing up conflict within the Appellate Division, the New Jersey Supreme Court ruled equipment manufacturers can be held strictly liable on the basis of failure to warn for...more
As companies continue to produce, modify, and/or distribute essential medical equipment and supplies to support efforts to fight the COVID-19 outbreak, questions about whether these companies may be subject to liability...more
As the COVID-19 pandemic continues to strain the manpower and protective tools necessary to combat the spread of infectious disease, many companies are stepping up efforts to produce, modify and/or distribute essential...more
A California federal judge tossed a proposed class action against allegedly “worthless” biotin dietary supplements on preemption grounds earlier this week, citing the Ninth Circuit’s recent decision in Dachauer v. NBTY, Inc.,...more
9/12/2019
/ Class Action ,
Class Certification ,
CLRA ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Health Claims ,
Misleading Statements ,
Motion for Summary Judgment ,
Preemption ,
Product Labels ,
Putative Class Actions ,
Unfair Competition Law (UCL)