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Key legislative and regulatory developments in 2012

Rajah & Tann LLP
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Singapore
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January 30 2013

This Update provides a brief summary of the key statutory and regulatory developments in 2012. Three Amendment Acts were passed in 2012 and came into

California Court of Appeal finds that the California Consumer Legal Remedies Act’s ban on class action waiver is trumped by the U.S. Supreme Court’s ruling in AT&T Mobility, LLC v. Concepcion

Alston & Bird LLP
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USA
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August 3 2012

On July 30, 2012, the California Court of Appeals for the Fourth District (“COA”) found that the United States Supreme Court’s (the “Court”) decision in AT&T Mobility, LLC v. Concepcion (“Concepcion”) trumps the California Consumer Legal Remedies Act’s (“CLRA”) prohibition on class action waivers

Updates on international pricing issues for pharmaceutical and biologic products

Sidley Austin LLP
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China, European Union, France, Germany, United Kingdom, USA
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May 18 2012

Sidley Austin LLP’s Global Life Sciences Team is pleased to provide you with this Global Pricing Newsletter, the first in a periodic series updating clients and friends of the firm on pricing issues around the world that may have an impact on pharmaceutical and biologic manufacturers’ legal and business strategies

Ninth Circuit withdraws opinion to await state court ruling on arbitrating MMWA claims

Alston & Bird LLP
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USA
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April 13 2012

On April 11, 2012, the 9th U.S. Circuit Court of Appeals withdrew its September 20, 2011 opinion in Kolev v. Porsche Cars North America, an opinion in which the Court held that a used car buyer’s Magnuson-Moss Warranty Act (“MMWA”) claims were not subject to compulsory arbitration

Court of appeals compels arbitration, not class litigation

Dechert LLP
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USA
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January 26 2012

The role of alternative dispute resolution mechanisms in alleged consumer product defect cases continues to be a hotly disputed issue

Third Circuit says defective computer dispute must go to arbitration despite unavailable forum

Shook Hardy & Bacon LLP
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USA
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January 26 2012

With one judge dissenting, a Third Circuit Court of Appeals panel has determined that a sales agreement provision requiring the arbitration of product-related disputes in a specific forum was ambiguous and thus not integral to the agreement; accordingly, the court found that the unavailability of the arbitral forum could be remedied under the Federal Arbitration Act with the court appointment of an arbitrator

Instituting, prosecuting and defending product liability actions

Mayora & Mayora
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Guatemala
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November 3 2011

In a product liability context, Guatemalan law establishes certain administrative proceedings that may arise under the Consumer Protection Act, and some proceedings may lead to the initiation of commercial arbitration if both parties agree

Quarterly product liability update

Foley Hoag LLP
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USA
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July 28 2011

In AT&T Mobility LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740 (2011), consumers purchased mobile phone services advertised as including “free” phones

Court orders arbitration under “follow form” agreement to arbitrate in excess liability policy

Jorden Burt LLP
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USA
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December 1 2010

CB Fleet Company, Inc, a manufacturer of certain FDA-regulated over-the-counter medication, sued one of its excess liability carriers, Aspen Insurance UK Ltd

U.S. Supreme Court considers preemption in auto-defect case, class-action exemptions in cell phone contracts

Shook Hardy & Bacon LLP
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USA
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November 11 2010

The U.S. Supreme Court has heard oral argument this term in two cases with a potential impact on product liability law: Williamson v. Mazda Motor of Am., Inc., No. 08-1314 (U.S., argued November 3, 2010), and AT&T Mobility LLC. v. Concepcion, No. 09-893 (U.S., argued November 9, 2010

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Key legislative and regulatory developments in 2012

California Court of Appeal finds that the California Consumer Legal Remedies Act’s ban on class action waiver is trumped by the U.S. Supreme Court’s ruling in AT&T Mobility, LLC v. Concepcion

Updates on international pricing issues for pharmaceutical and biologic products

Ninth Circuit withdraws opinion to await state court ruling on arbitrating MMWA claims

Court of appeals compels arbitration, not class litigation

Third Circuit says defective computer dispute must go to arbitration despite unavailable forum

Instituting, prosecuting and defending product liability actions

Quarterly product liability update

Court orders arbitration under “follow form” agreement to arbitrate in excess liability policy

U.S. Supreme Court considers preemption in auto-defect case, class-action exemptions in cell phone contracts

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