By Joshua Lichtman Updating our previous post , another federal district court has interpreted Comcast Corp. v. Behrend [ an enhanced version of this opinion is available to lexis.com subscribers ] to require plaintiffs to demonstrate a viable “means... Read More
By Stephanie Stroup Since the Third Circuit’s opinion in Carrera v. Bayer Corp. [ enhanced opinion available to lexis subscribers ], courts have been battling with the approach to consumer classes for small-ticket items because consumers often do... Read More
Findings show increase in disputes as a major concern for companies globally | Global legal practice Norton Rose Fulbright on May 14 released its 2015 Litigation Trends Annual Survey . This year’s survey is the 11th overall and the most extensive... Read More
By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations... Read More
By Gerard G. Pecht and Peter A. Stokes In what has become an annual rite of springtime, shareholder plaintiff lawyers are once again targeting Schedule 14A annual meeting proxy statements that include proposals on executive compensation, incentive... Read More
By Johannes K. Gabel , Manuela A. Siragy and Richard Werner Fagerer The Court of Appeals for the Second Circuit in its May 6 decision emphatically continued to interpret the Morrison v. National Australia Bank 1 doctrine broadly by confirming the District... Read More
By Cori Annapolen Goldberg and Lidia Niecko-Najjum In efforts to ensure that in vitro diagnostic devices 1 provide accurate, consistent and reliable results, the US Food and Drug Administration ("FDA" or "the Agency") 1) issued... Read More
By Matthew Gurvitz The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was... Read More
By Frederick Robinson and Glen Banks In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd . 1 [ enhanced opinion available to lexis.com subscribers ], a sharply divided New York Court of Appeals ruled that a "no consequential... Read More
U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey... Read More
By Joshua D. Lichtman The Ninth Circuit has held that, because a complaint was “indeterminate” with respect to allegations of the parties’ citizenship and the amount in controversy, a defendant who “conducted its own investigation... Read More
By Lauren Shoor A California federal district court judge recently provided some clarity on the apparent disparity between California’s “Made in the USA” law and the standard set forth by the Federal Trade Commission. The Southern... Read More
By Joshua Lichtman Federal courts continue to be split on whether the Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend [ enhanced opinion available to lexis subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case... Read More
Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph... Read More
By Lauren Shoor A number of recent cases show courts taking a more active role in approving class action settlements, more closely scrutinizing settlements meant to benefit class members. Just last month in Redman v. RadioShack Corporation [ enhanced... Read More