We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 43

Parties seek dismissal in case questioning FDA authority to regulate animal-drug compounding

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 25 2012

A Florida pharmacist, whom the Food and Drug Administration (FDA) sought to enjoin from filling veterinarians’ prescriptions for non-food producing animals by compounding from bulk substances without FDA approval, has joined with the U.S. government in seeking the dismissal of its appeal from a district court decision finding that FDA had no authority to do so

No SCOTUS review for ear candlers’ challenge to FDA warning letters

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 25 2012

The U.S. Supreme Court has denied the petition for review filed by the Holistic Candlers and Consumers Association and others claiming that the D.C. Circuit Court of Appeals erred when it determined that Food and Drug Administration (FDA) warning letters are not subject to judicial review

FDA seeks dismissal of whistleblower retaliation claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 11 2012

In an ongoing dispute between scientists critical of the Food and Drug Administration’s (FDA’s) medical-device review process, FDA has sought to dismiss claims of adverse employment action allegedly taken in retaliation for whistleblowing

FDA urges SCOTUS to reject review in ear candles case, says warning letters are not reviewable in court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 27 2012

The Food and Drug Administration (FDA) has urged the U.S. Supreme Court to reject the petition for review filed by the Holistic Candlers and Consumers Association and companies making ear candle products from a D.C. Circuit Court of Appeals ruling dismissing their challenge to FDA’s warning letters about their products

Federal Circuit rules claim for injury benefits under Vaccine Act filed too late

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 23 2012

Finding the Vaccine Act unambiguous, the Federal Circuit Court of Appeals has affirmed a Federal Claims Court ruling that did not allow the estate of a woman whose death was allegedly caused by an influenza vaccination to recover for injury benefits

Class claims dietary supplements with DMAA are dangerous, alleges consumer fraud

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 28 2012

Seeking to certify a nationwide class and statewide subclass of consumers, an Illinois resident has filed a lawsuit against the companies that make and sell dietary supplements intended for weight loss, alleging that they contain dangerous stimulants, including an illegal synthetic compound referred to as DMAA, as well as “large amounts of caffeine, synephrine, and yohimbine.”

Disbarred fen-phen attorneys ordered to forfeit assets

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 28 2012

A federal judge in Kentucky has issued an order allowing the U.S. Marshal to seize property owned by two plaintiffs’ attorneys who were disbarred and ordered to pay former clients $127 million from a class action settlement involving the diet pill fen-phen

FDA warning letters bring round of class actions against dietary supplement makers

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 10 2012

According to a news source, seven of the 10 dietary supplement companies that recently received Food and Drug Administration (FDA) warnings have been sued for consumer fraud in a federal court in California

First Circuit finds design defect claims against generic drug maker not preempted

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 10 2012

The First Circuit Court of Appeals has upheld a jury verdict of $21.06 million in compensatory damages awarded to a women allegedly injured by a generic drug she took for shoulder pain, finding, among other matters, that her state law-based design-defect claims were not preempted by federal law

Time-barred Vaccine Act claimant could be entitled to attorney’s fees

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 26 2012

A deeply divided Federal Circuit Court of Appeals, sitting en banc, has determined that a National Childhood Vaccine Injury Compensation Act (Vaccine Act) claimant, whose petition was filed beyond the applicable statute of limitations, may be able to recover attorney’s fees under a provision allowing an award when “the petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought.”