The US Court of Appeals for the 11th Circuit reversed a district court’s grant of summary judgment for the defendant on trade dress infringement and trade dress dilution claims, finding that evidence relating to the...more
Addressing the issue of whether a generic pharmaceutical company can be found to induce infringement even when all patented uses have been “carved out” of the label (resulting in a so-called “skinny label”), the US Court of...more
Frederick (Rick) Fern and the New York City Harris Beach Life Science Practice Group were successful in securing a summary judgment for medical device manufacturers Curlin Medical Inc., Moog Inc., and distributor B. Braun...more
Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend,...more
On October 16, 2015, in Jakeem Roy v. Sandra B. Dackman, et al., No. 6, Sept. Term 2015 (Md. Oct. 16, 2015), the Court of Appeals of Maryland held that a pediatrician is not qualified to offer an expert opinion regarding the...more
The standard for establishing a prima facie case of negligence in a lead paint lawsuit is well established. The plaintiff has the burden of proving “1) that the defendant was under a duty to protect the plaintiff from...more
Issuing an opinion that could lower the bar for proving toxic tort causation, the Michigan Court of Appeals held that direct expert testimony may not be necessary to prove causation in a toxic tort case and that a plaintiff...more
In Pavoni v. Chrysler Group, LLC, 2015 No. 13-55761 (“Pavoni”), the Ninth Circuit Court of Appeals held that plaintiffs’ expert declaration in conjunction with circumstantial evidence of the incident were sufficient to raise...more