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Searching Content indexed under Consumer Protection by Reed Smith ordered by Published Date Descending.
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1
Court Chooses New Hampshire Product Liability Law: Not-So-Granite Principles
Yesterday was National Punctuation Day; it is a good time to administer a semi-colonic to turgid prose. Today we apply an exclamation mark to our unhappiness with judges whose choice of law
United States
1 Oct 2019
2
Don't Forget About OTC Express Preemption
Did you remember that there can be express preemption for over-the-counter drugs? We sometimes forget too, ...
United States
25 Sep 2019
3
Key Questions Linger After Recent Amendments To California Consumer Privacy Act
Last week marked the end of legislative activity in the state of California for 2019, and with the impending California Consumer Privacy Act (CCPA or the Act)
United States
24 Sep 2019
4
Bair Hugger MDL Defendants Prevail On Daubert And Summary Judgment
Summer can be a good time to catch up on tv shows we missed the first time around (e.g., Dead to Me, Luther series 5, and Catch-22).
United States
24 Sep 2019
5
Last Minute Amendments Likely Finalize CCPA Language For January 1 Deadline.
Late last week, the California legislature approved five bills intended to clarify the scope and required compliance obligations of the California Consumer Privacy Act
United States
23 Sep 2019
6
C.D. Illinois Rejects Spoliation Claim For Lack Of Special Relationship
Last week, we found ourselves focusing on spoliation issues in two different cases, one at the front-end (an early case assessment) and one at the back-end (haggling over jury instructions).
United States
5 Sep 2019
7
Mixed Treatment Of Clinical Trial Liability On Summary Judgment
A little knowledge is a dangerous thing. A jack of all trades is a master of none. These cutesy little phrases throw some derision toward one who
United States
30 Aug 2019
8
Prescription Medical Product Causation – Expert Required − Part Three
Because we didn't want to split Pennsylvania, this part is a little longer, and part two a little shorter, than average.
United States
27 Aug 2019
9
New Hampshire Court Applies New Hampshire Product Liability Law And Denies Motion To Dismiss Plaintiff's Product Liability Claims
Choice of law analyses are confounding. They involve multi-factor tests and come with histories of decisional law that rarely apply those factors consistently.
United States
27 Aug 2019
10
Prescription Medical Product Causation – Expert Required – Part Two
What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support. Part One was last week.
United States
22 Aug 2019
11
Taxotere Court Excludes Expert Opinion On How The Medical Community Would Have Reacted To A Different Warning
We write today about a partial exclusion of a plaintiff expert in the upcoming Taxotere bellwether trial.
United States
16 Aug 2019
12
Prescription Medical Product Causation – Expert Required – Part One
We recently blogged about the final chapter (at the district court level, anyway) of the big defense win in the Mirena MDL.
United States
14 Aug 2019
13
New York Enacts New Security And Identity Theft Protection Laws In Response To Recent Data Breaches
On July 25, 2019, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (S.5575B/A.5635),
United States
7 Aug 2019
14
FTC Announces Two More Actions Enforcing The Consumer Review Fairness Act
Last month, the Federal Trade Commission ("FTC") announced two new actions under the Consumer Review Fairness Act ("CRFA")
United States
5 Aug 2019
15
Fraudulent Joinder And Misjoinder Arguments Prevail In Missouri
The manufacturer defendant, who was not a Missouri resident, removed the case to federal court alleging both fraudulent joinder as to the surgical center and misjoinder as to the driver of the car.
United States
2 Aug 2019
16
FTC And Law Enforcement Partners Join Forces To Wring Out Illegal Robocalls
In addition to the FTC's actions, 25 federal, state and local agencies lodged 87 enforcement actions as part of the initiative.
United States
31 Jul 2019
17
Wrong Court
On practically no issue has this Blog been more insistent than on the principle of Erie conservatism when federal courts sitting in diversity undertake to "predict" state tort law.
United States
31 Jul 2019
18
U.S. Chamber Of Commerce Assembles Key Stakeholders To Discuss Data Privacy
The U.S. Chamber of Commerce (the "Chamber") recently hosted a data privacy summit, "#DataDoneRight", which brought together a group of industry professionals
United States
29 Jul 2019
19
Equifax Agrees To Enhanced Security And Privacy Measures And Will Pay States And The Consumer Financial Protection Bureau At Least $575 Million To Resolve Multistate Investigation Of 2017 Data Breach.
The recently announced multistate settlement between credit reporting company Equifax Inc. and the Attorneys General of 48 states, Puerto Rico, and the District of Columbia...
United States
29 Jul 2019
20
Connecticut Trial Court Tosses Vaginal Mesh Case Against Hospital
Our firm represents a couple of companies in the vaginal mesh MDL, so it is difficult for us to write on that, er, fascinating litigation.
United States
29 Jul 2019
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