This week, the European Union made a significant breakthrough towards its goal of overhauling the 40-year-old Product Liability Directive for the demands of the “digital” age and modern economy. To amend the directive, the...more
Americans love a good scare on Halloween. But, of course – with ancient castles, centuries of folklore, and actual Transylvania, our friends in the European Union know how to celebrate the spooky season just as well as we...more
On June 27, 2023, the United States Supreme Court decided Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749, 600 U.S. ___ (June 27, 2023), a decision that likely will reinvigorate forum-shopping efforts by plaintiffs...more
On May 23, 2023, the European Commission formally published the new General Product Safety Regulation, which reforms a variety of product safety regulations for manufacturers doing business in the European Union (EU) and its...more
Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more
3/2/2023
/ Class Action ,
Collective Redress ,
Consumer Fraud ,
Corporate Counsel ,
EU ,
France ,
Germany ,
Macedonia ,
Member State ,
Netherlands ,
Portugal ,
UK
On September 28, 2022, the European Commission adopted two proposals that adapt liability rules to the digital age, circular economy and the impact of global value chains. These proposals are related to (i) the Revised...more
Indiana courts have recently addressed preemption issues in matters involving devices approved by the Food and Drug Administration (FDA) through the premarket approval (PMA) process. First, the Indiana Court of Appeals...more
On June 27, 2019, the Indiana Supreme Court held in Morrison v. Vasquez that the county where an in-state corporation’s actual “principal office” is located, not the location of its registered agent, determines the preferred...more
The U.S. Supreme Court issued its potentially most significant preemption decision in several years, Merck Sharp & Dohme Corp. v. Albright, 587 U.S. ____ (2019), reversing what some had dubbed the worst drug and device...more
5/22/2019
/ Agency Disapproval ,
Clear Evidence Standard ,
Failure To Warn ,
FDA Approval ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Jury Trial ,
Manufacturers ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Preemption ,
Prescription Drugs ,
Question of Fact ,
Question of Law ,
Remand ,
SCOTUS ,
State Law Claims ,
Vacated ,
Warning Labels
On December 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. The changes are relatively minor this year compared to last year, which included a significant narrowing of the scope of...more
On December 23, 2015, Hyatt Hotels (Hyatt) reported that it was investigating cyberattacks that caused data breaches at its properties from August 13 to December 8, 2015. The investigation has revealed that hackers infected...more
On October 19, 2015, Canadians elected Justin Trudeau, the son of former Prime Minister Pierre Trudeau, as their new and second-youngest-ever prime minister. When it comes to privacy and technology, the new government has...more