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Documents on products liability
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|OTC Drug Regulatory Paradigm Open to Stakeholder Feedback Until July 10|
Joanne S. Hawana; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 22, 2016, previously published on June 14, 2016Continuing a discussion that began in 2014, on June 10, 2016 FDA hosted a public meeting on the potential development of a user fee program for OTC (over-the-counter, or nonprescription) drug products marketed pursuant to the Agency’s monograph system. Agency leader Dr. Janet Woodcock wrote...
|Senate Appropriations Bill Targets FDA Rulemaking Agenda|
Joanne S. Hawana, Sam Rothbloom; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 21, 2016, previously published on June 8, 2016The Senate Appropriations Committee is looking to tinker with the Food and Drug Administration’s rulemaking agenda through its fiscal year 2017 funding bill for the Department of Agriculture and FDA (S. 2956). Passed unanimously by the committee last month, the bill would give FDA marching...
|CPSC Chairman Vows that Every CPSC Voluntary Corrective Action Will Be Called a “Recall”|
Matthew Cohen, Matthew R. Howsare; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 17, 2016According to the Philadelphia Inquirer, CPSC Chairman Elliot Kaye announced in a meeting with consumer advocates that the agency will never again allow a company conducting a voluntary corrective action to call it anything other than a “recall.” Last year, after the announcement of a...
|California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products|
Samantha Duplantis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 27, 2016Slack Fill Protein PowderAccording to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s purchasing decision is “heavily...
|CPSC Announces Civil Penalty against Teavana; Commissioners Remain Divided on Civil Penalty Enforcement, Calculations, and Transparency|
Matthew Cohen, Charles A. Samuels; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 31, 2016On May 26, 2016 the U.S. Consumer Product Safety Commission (“CPSC”) announced through a Record of Commission Action (“RCA”) that Teavana Corporation (“Teavana”) has agreed to pay a $3.75 million civil penalty to resolve charges that it knowingly failed to...
|CPSC Reaches Second Civil Penalty Agreement in As Many Weeks; Sunbeam Products to Pay $4.5 Million to Resolve Late Reporting Allegations|
Matthew Cohen; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on June 6, 2016USCPSC RecallThe U.S. Consumer Product Safety Commission (CPSC) is set to announce yet another civil penalty settlement. Sunbeam Products d/b/a Jarden Consumer Solutions (Sunbeam or the Company) has agreed to pay a $4.5 million civil penalty to resolve charges that it knowingly failed to...
|Deciphering Sikkelee: Implications for Aviation Claims and Product Manufacturers|
Tarah E. Ackerman, Kevin D. Boyce, Erin L. Burke, John D. Goetz, Devin A. Winklosky; Jones Day;
June 16, 2016, previously published on May 2016On April 19, 2016, the Third Circuit issued its long-awaited decision in Sikkelee v. Precision Airmotive Corp. et al. Aviation product manufacturers had hoped the opinion, which considered whether the Federal Aviation Act ("Act") and Federal Aviation Act ("FAA") regulations...
|Bare Metal Defense Applied Under Maritime Law in Eastern District of PA|
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 9, 2016, previously published on June 1, 2016Judge Eduardo Robreno issued an opinion in DeVries v. General Electric Co., 5:13-00474 (E. D. Pa. May 18, 2016), clarifying the basis for his decision granting summary judgment to several defendants by ruling that the bare metal defense applied in asbestos cases to both theories of negligence and...
|Rights of Deck and Balcony Collapse Victims in Virginia|
Matthew W. Broughton, Gregory D. Habeeb; Gentry Locke, LLP;
June 7, 2016, previously published on May 1, 2016For many apartment dwellers, a deck or balcony is their version of a backyard - a place they can privately savor a sunny day or cool evening. Occupants and visitors alike should be able to enjoy a deck or balcony with confidence in its stability. Over the last twenty years, however, there has been...
|Dispositive Motions in Sheep’s Clothing: A Decision Every New Jersey Practitioner Needs to Know|
Beth S. Rose, William R. Stuart; Sills Cummis & Gross P.C.;
June 6, 2016, previously published on April 2016In Cho v. Trinitas Reg’l Med. Ctr., 2015 N.J. Super. LEXIS 214 (App. Div. Dec. 30, 2015), the New Jersey Appellate Division addressed the practice of filing dispositive motions in the form of in limine motions on the eve of trial (or even during trial). Recognizing the inherent unfairness in...