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M.D. Florida Shoots Down All Breast Implant Claims Except for Negligent Manufacturing Defect
  • Reed Smith LLP
  • USA
  • March 7 2018

Last year’s list of the Ten Worst DDL cases was remarkable because all ten decisions came from appellate courts. Yikes. And it is not as if the bad

Materiality Part II: Government Knowledge
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 3 2018

This is the second in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal

It’s Only “Natural:” Avoiding the Risk of Consumer Lawsuits Over Food Labels
  • Verrill Dana LLP
  • USA
  • December 6 2017

Americans are increasingly sensitive to the ingredients that go into the food that we eat. Recently, Congress passed a law requiring manufacturers to

FDA Issues New Warning Letters To Four CBD Products Companies
  • GrayRobinson PA
  • USA
  • November 2 2017

The U.S. Food and Drug Administration (FDA) announced on November 1, 2017, that it sent warning letters to four companies accused of making false

9th Circuit Delivers Sweet Victory to Soft Drink Advertisers
  • Venable LLP
  • USA
  • October 6 2017

San Francisco found itself in a sticky situation after the Ninth Circuit struck down a city ordinance that would have required soda companies and

Litigation Update: Ninth Circuit Stays Mandate to allow Gilead to Seek Cert on Key Post-Escobar Issues
  • Vinson & Elkins LLP
  • USA
  • October 6 2017

We reported previously on yet another implied certification case raising significant questions about materiality and falsity in the post-Escobar world

Ninth Circuit Analyzes Statements Concerning FDA Feedback, in In re Atossa Genetics, Inc. Securities Litigation (August 18, 2017)
  • Lane Powell PC
  • USA
  • October 4 2017

On August 18, 2017, a Ninth Circuit panel affirmed in part, reversed in part, and vacated in part the district court's dismissal of the amended

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

9th Cir. Overturns Sugar Warnings: Are Other Compelled Statements Vulnerable?
  • Steptoe & Johnson LLP
  • USA
  • September 26 2017

On September 19, a federal appeals court in California halted the implementation of a San Francisco ordinance requiring “sugar-sweetened beverage”

Open Season for FCA Relators? Ninth Circuit Finds Falsity in Gilead Case Despite Possible Discrepancy with Sister Court
  • Vinson & Elkins LLP
  • USA
  • September 5 2017

We’re back with our second installment on the Ninth Circuit’s decision in United States ex. Rel. Campie v. Gilead Sciences, Inc., No. 15-16380, 2017