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Results:1-10 of 216

Plaintiff Ignored a Gift Horse and It Came Back to Bite Her
  • Dechert LLP
  • USA
  • June 19 2018

You’re likely all familiar with the phrase, “don’t look a gift horse in the mouth.” Checking out a gift horse’s teeth is like looking for the price

Federal court dismisses “slack-fill” packaging claims as too barebones
  • Weil Gotshal & Manges LLP
  • USA
  • March 14 2018

A district court in Illinois recently dismissed putative class action claims against Fannie May Confections Brands, Inc. based on allegations that

Illinois and Colorado Courts Reject StengelHughes Failure to Warn Claims
  • Reed Smith LLP
  • USA
  • September 28 2017

In our post earlier this week “No Causation, No ‘Parallel Claim’” we examined the enormous causation hurdle plaintiffs face in trying to prove a

Food industry sees one of first whistleblower suits under FSMA
  • Thompson Coburn LLP
  • USA
  • February 10 2017

As part of the massive overhaul of food safety regulations under the Food Safety Modernization Act, Life Sciences Decoded reported in August on new

Invalidity by derivation requires teaching each claimed element
  • Holland & Knight LLP
  • USA
  • November 25 2015

Judge Pallmeyer, after a bench trial, found that defendants (collectively “Mylan”) had not met their burden of proving plaintiff Cumberland’s ‘445

Federal court finds that FDA drug approval is not complete defense to False Claims Act allegation involving on-label promotion
  • Cadwalader Wickersham & Taft LLP
  • USA
  • February 21 2013

On January 30, 2013, in United States ex rel. v. Bristol Myers Squibb Company & Sanofi-Aventis U.S., LLC et al., Civ. No. 11-00246 (S.D. Ill.) ("BMS

Unusual generic design defect claim survives preemption
  • Dechert LLP
  • USA
  • November 1 2012

It’s four days post Sandy and many of us are still without power (certainly true of our New Jersey bloggers and many of our New York colleagues) and none of us can escape the images of the devastation in the Mid-Atlantic states.

Derivative action alleging board’s refusal to prevent regulatory action by the FDA failed to overcome requirement of demand on board
  • Katten Muchin Rosenman LLP
  • USA
  • September 28 2012

Last week the US District Court for the Northern District of Illinois dismissed a derivative action brought in a consolidated suit by various shareholders of healthcare company Baxter International based on the shareholders’ failure to establish demand futility.

Grand jury indicts distributors of adulterated and “washed” cheese from Mexico
  • Shook Hardy & Bacon LLP
  • USA
  • April 27 2012

A federal grand jury in Illinois has brought criminal indictments against four individuals who allegedly distributed more than 110,000 pounds of Mexican cheese in the United States in 2007 despite Food and Drug Administration (FDA) “hold” orders and also allegedly “washed” cheese returned by dissatisfied customers by scraping off mold and fungus so it could be resold.

SEC brings fraud case against biopharmaceutical company, three other companies and four executives for misleading investors about sole product and insider trading
  • Porter Wright Morris & Arthur LLP
  • USA
  • August 2 2011

On Monday, August 1, 2011, the SEC filed suit against eight defendants for making false statements in public filings regarding the status of the human clinical trials for the drug SF-1019 by Argyll Biotechnologies LLC.