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Results: 1-10 of 362

Federal court dismisses suit challenging dietary supplement labeling claims
  • Shook Hardy & Bacon LLP
  • USA
  • October 25 2012

A federal court in California has dismissed with prejudice a claim alleging mislabeling of a dietary supplement product under the Magnuson-Moss Warranty Act and has dismissed the remaining claims without prejudice for failure to satisfy the amount-in-controversy requirement under 28 U.S.C. 1332(a) and (d


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


When does a shirt becomes a service in a personal injury lawsuit?
  • Shook Hardy & Bacon LLP
  • USA
  • October 25 2012

A federal court in Indiana has determined that a reasonable jury could find that the relationship between an injured plaintiff and the company that supplied the shirt he was wearing while employed as a welderplasma torch operator “was predominantly for the sale of a service”; thus the court allowed the plaintiff’s negligence claim to proceed while granting the defendant’s motion for summary judgment on claims of product defect


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


Italy’s Supreme Court links mobile phones to brain tumors in landmark ruling
  • Shook Hardy & Bacon LLP
  • Italy
  • October 25 2012

Italy’s Supreme Court of Cassation has reportedly affirmed a lower court ruling allowing businessman Innocente Marcolini to recover compensation for developing a brain tumor after using a mobile phone for up to six hours each day for 12 years


New Balance agrees to settle consumer fraud action over health-benefit claims for shoes
  • Shook Hardy & Bacon LLP
  • USA
  • September 13 2012

A company that claimed its athletic shoes strengthened and toned muscles and helped burn calories has entered a settlement agreement with plaintiffs who filed their consumer-fraud class action in a Massachusetts federal court


Ninth Circuit upholds order enjoining San Francisco ordinance on cell phone warnings
  • Shook Hardy & Bacon LLP
  • USA
  • September 13 2012

The Ninth Circuit Court of Appeals has upheld in part a lower court’s grant of a preliminary injunction against a San Francisco ordinance that would have required companies selling cell phones to make certain disclosures to consumers about radiofrequency energy emissions from the products


Fifth Circuit rules AG action over LCD panels is removable to federal court
  • Shook Hardy & Bacon LLP
  • USA
  • November 29 2012

The Fifth Circuit Court of Appeals has determined that a Mississippi attorney general (AG) antitrust action against companies that sell liquid crystal display (LCD) panels may be removed to federal court under the Class Action Fairness Act (CAFA), because the suit fulfills the law’s requirements as a “mass action.”


Court allows plaintiffs in tire defect suit to inspect manufacturing facility
  • Shook Hardy & Bacon LLP
  • USA
  • November 29 2012

A federal court in New York has determined that plaintiffs in two separate cases allegedly injured when the rear tires on their motorcycles suddenly deflated during operation may inspect the defendant’s manufacturing facility and that the inspection will not be precluded by or subject to a protective order


Ninth Circuit reverses asbestos judgment; district court failed to conduct Daubert hearing
  • Shook Hardy & Bacon LLP
  • USA
  • November 29 2012

The Ninth Circuit Court of Appeals has determined that a district court abused its discretion by failing to conduct a Daubert hearing when asked to reconsider the credentials of plaintiffs’ expert witness and thus reversed a $9.37-million jury award for injury allegedly caused by occupational exposure to asbestos