Articles: 1-10 of 36
EPA versus the State of California: An Important Glyphosate Update
USA - August 20 2019 Glyphosate was first registered in the United States in 1974. For many years, the EPA and other international bodies have essentially affirmed…
How Smart is it for Medical Devices to Learn New Tricks? The FDA Seeks Feedback On Its Proposed Regulatory Framework for Artificial Intelligence/Machine Learning-Based Medical Devices
USA - May 29 2019 In the shadow of the FDA’s new Proposed Regulatory Framework for Modifications to AI/ML-Based Software as a Medical Device, manufacturers are left to…
Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act: Part II, How Sellers May Find Themselves a MAN DOWN
USA - January 22 2019 On September 11, 2018, Cozen O’Connor’s Product Liability Prevention and Defense (“PLPD”) blog provided a quick reference guide that manufacturers can…
Just In: New Jersey Supreme Court Adopts Daubert Factors For Assessing The Reliability Of Expert Testimony
USA - September 24 2018 On August 1, the Supreme Court of New Jersey issued a seminal ruling elucidating the state’s standard for admission of expert testimony in civil…
Don’t Find Yourself a MAN DOWN: Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act
USA - September 11 2018 As of September 1, 1993, a manufacturer’s duty to indemnify a seller in a products liability action became statutorily mandated in Texas. See Tex. Civ…
U.S. Supreme Court Grants Certiori to Decide Whether FDA Excluded Warnings Pre-Empt State Law Claims
USA - June 28 2018 The U.S. Supreme Court today agreed to consider a Third Circuit ruling that revived litigation over Merck’s alleged failure to warn about a risk of…
8th Circuit Reverses to Uphold Successor Liability Defense, Highlighting The Importance of Consistent, Clear Descriptions Of Acquisitions To Avoid the de facto Merger Exception
USA - June 1 2018 On April 5, the Court of Appeals for the Eighth Circuit wiped out a jury verdict in a products liability action and $13 million punitive damages award…
FDA releases draft guidance on expansion of abbreviated 510(k) Program
USA - May 1 2018 On April 12, the FDA released draft guidance discussing an expansion of its Abbreviated 510(k) program for medical devices. This new guidance would…
The Legality of Cannabidiol and Concerns Regarding False Advertising
USA - April 17 2018 The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having…
Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices
USA - March 20 2018 The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device…
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