Supreme Court Preemption Ruling Is A Reminder For Defendants To Reevaluate State Laws

April 2, 2014

The Supreme Court issued an opinion yesterday in a case against Northwest Airlines that speaks to the matter of federal statutory preemption over state common laws addressing good faith and fair dealing between contractual parties.  The case is Northwest, Inc. et al v. Ginsberg. In the case, a customer sued for breach of the duty of […]

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Several States Join To Take Closer Look At Fracking And Earthquakes

March 28, 2014

Followers of our blog well know that we monitor all major developments relating to hydraulic fracturing — often referred to as “fracking.”  One area that is garnering more and more attention of late is the issue of any link between the disposal of wastewater from fracking and earthquakes.  For a recent discussion of the subject on our […]

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Plaintiffs Challenge NYC E-Cigarette Ban While Industry Awaits FDA Regulation

March 27, 2014

A lobbying group for smokers, NYC Citizens Lobbying Against Smoker Harassment, filed suit this week in New York state court against the New York City Council, seeking to overturn a local law that bans the use of e-cigarettes in enclosed public places. The law, which was passed in December 2013, amended New York City’s Smoke-Free […]

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Judgment Against J&J Sub Reversed in Arkansas: Plaintiffs Cannot Rely On FDA Warning Letters

March 25, 2014

Late last week, Johnson & Johnson received great news from the Arkansas Supreme Court: a judgment against Janssen Pharmaceuticals, one of J&J’s subsidiaries, was overturned.  And not just any judgment.  Rather, this was a $1.2 billion (yes, billion) damages award for deceptive marketing and Medicare fraud in connection with Janssen’s antipsychotic drug Risperdal.  And that’s […]

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Wyoming Supreme Court Renders Decision On “Trade Secrets” in Fracking Fluid

March 21, 2014

Back in December, I posted about oral argument before the Wyoming Supreme Court on whether the trade secrets exemption under Wyoming law could be used to protect the disclosure of chemicals used during hydraulic fracturing (“fracking”).  Last week, the state’s highest court issued its decision on this hotly contested issue, although ultimately declining to rule on […]

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