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Preventing Plaintiffs From Circumventing Personal Jurisdiction Requirements Post-BMS

USA - February 11 2021 In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), the Supreme Court restricted a Plaintiff’s ability to file suit…

Sarah J. Bily

Dietary Supplement Makers Achieve Preemption Win in 9th Circuit

USA - January 25 2021 The Ninth Circuit recently found that federal law preempted a consumer’s state law causes of action regarding the labeling of a hair growth dietary…

Francie N. Berger

Tire Purchaser’s Standing Argument Fails to Gain Traction with the Third Circuit

USA - December 15 2020 A few weeks ago, the U.S. Court of Appeals for the Third Circuit decided Thorne v. Pep Boys Manny Moe & Jack Inc.,a case involving the provisions…

James Randall

Plaintiffs Argue Primary Jurisdiction Doctrine Does Not Apply in CBD Class Actions

USA - October 8 2020 The primary jurisdiction doctrine continues to be a hotly litigated issue in class actions brought against consumer product companies selling…

Joelle L. Ross

The Heeding Presumption’s Evolving Role In Pharma Suits

USA - October 2 2020 It goes without saying that in a failure-to-warn case, the plaintiff must establish that the defendant's failure to warn of a specific adverse event…

Sarah J. Bily, Zachary B. Cohen