Another Victory For The Learned Intermediary Doctrine

July 9, 2014

Tim Howard’s performance in the Americans’ World Cup game against Belgium was one for the ages.  He saved more shots than any goalie had in the World Cup in almost fifty years.  But, he did let two goals in.  Neither were his fault but that did happen.  A reminder that even an incredible defense can […]

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Headline-Grabbing Reports on Fracking Emissions Are Unlikely to Gain Traction in Courts

July 8, 2014

Methane emissions from hydraulic fracturing (“fracking“) wells have received a wave of coverage in the press recently, but plaintiffs will likely face an uphill battle in attempting to translate these headlines into legal claims. At the end of June, the Proceedings of the National Academy of Sciences published a report on the number of “casing and […]

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20 Ounces To Freedom: Soda Ban Ball In City Council’s Court

July 2, 2014

The highest court in New York struck down former mayor Michael Bloomberg’s so-called soda ban last week, saying the city’s health board exceeded its authority when it imposed sugary drink portion limits on the businesses it regulates. In a 4-2 decision, the Court of Appeals held that in adopting the “Sugary Drinks Portion Cap Rule,” […]

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Plaintiffs Shift From California To New York Courts On Food Labeling Claims

June 30, 2014

Here at the Product Liability Monitor, we have been following plaintiffs’ continuing attempts to find a viable claim against food and beverage companies for allegedly misleading and deceptive advertising on product labels.  Thus far, food and beverage companies have been largely able to avoid liability on grounds that labelling requirements fall under the FDA’s purview and the […]

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New York’s Highest Court Hears Arguments on Preemption of Local Fracking Bans

June 23, 2014

Back in September, I posted on New York’s highest court agreeing to take on the appeals of two related cases unanimously upholding local bans on fracking. Earlier this month, the New York Court of Appeals finally heard arguments on these two cases (a video of the oral argument can be viewed here). These two highly […]

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