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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

No Trade Dress Protection For Pink Ceramic Hip Implant Components
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 6 2017

The U.S. District Court for the District of Colorado recently denied a manufacturer of ceramic medical products trade dress protection for the color

Inside the Courts: An Update From Skadden Securities Litigators
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • May 31 2016

Judge John L. Kane reaffirmed a prior ruling certifying a class of investors in the Oppenheimer California Municipal Bond Fund who alleged claims

Owners of Jensen Farms indicted for listeria outbreak
  • Roetzel & Andress
  • USA
  • October 7 2013

Eric and Ryan Jensen, the owners and operators of Jensen Farms, have been charged in a Colorado federal court for allegedly adulterating cantaloupe

Two more courts defer to the FDA in food “misbranding” class actions
  • Morrison & Foerster LLP
  • USA
  • July 29 2013

We previously reported Judge Yvonne Gonzalez Rogers' decision to stay proceedings in the Cox v. Gruma Corp. matter while the FDA is asked to decide

In Colorado, state-of-the-art defense is up, duty to test down
  • Dechert LLP
  • USA
  • March 8 2011

Once a mass tort becomes widely publicized, sometimes based on a combination of a bad study, a verdict or two for plaintiffs, internet sites, and late night television ads, lots of plaintiffs come out of the woodwork, including plaintiffs with weak, late, or marginal claims.

Court rules FDA warning letter is not final agency action
  • Shook Hardy & Bacon LLP
  • USA
  • April 30 2010

A federal court in Colorado has dismissed as premature a medical provider's challenge to Food and Drug Administration (FDA) regulations potentially applicable to its medical procedures because the agency had issued only a warning letter against it, and warning letters are not final.

Recent post-Riegel and OTC drug preemption cases
  • Reed Smith LLP
  • USA
  • October 14 2008

In Parker v. Stryker Corp., 2008 WL 4457864 (D. Colo. Oct. 1, 2008), the District of Colorado addressed Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), and the applicability of the express preemption clause of the Medical Device Amendments in a case where the manufacturer sought a discovery stay pending resolution of its motion to dismiss product liability claims regarding its PMA device, a hip implant.

Rebekah Kaufman
  • Morrison & Foerster LLP