Deja Vu All Over Again: The D.C. Circuit Rejects (Again) Relator’s Attempt To Gain Access To Privileged Documents

September 21, 2015

Almost a year ago to the day, I wrote about a decision issued by the D.C. Circuit in U.S. ex rel. Barko v. Halliburton in which the court reaffirmed that under Upjohn Co. v. United States, 449 U.S. 383 (1981), the attorney-client privilege applies to communications between employees and representatives of the company’s counsel in the context of an internal investigation […]

Read the full article →

7th Circuit Highlights Economic Loss Doctrine To Defeat Negligent Misrepresentation Claim

September 15, 2015

The Seventh Circuit recently reversed a money judgment of $2.7 million awarded in favor of a furniture manufacturer holding that the economic loss doctrine, under Indiana law, barred the manufacturer from asserting a negligent misrepresentation claim based in tort law against a wood products supplier resulting from the delivery of allegedly non-conforming goods. JMB Mfg., […]

Read the full article →

FDA Releases New Guidance On “Substantial Equivalence” For Tobacco Products

September 11, 2015

This week, the Food and Drug Administration (“FDA”) released a new guidance that creates three tracks for showing that a new tobacco product is “substantially equivalent” to one that has already been on the market. Substantial equivalence is a key concept in the regulation of tobacco because, under the Family Smoking Prevention and Tobacco Control Act and […]

Read the full article →

Seventh Circuit Takes Plaintiffs’ Experts Back to School

September 3, 2015

It’s an exciting time to be alive.  Kids are gearing up for back to school.  The NFL season is about to begin.  The Mr. Robot finale just aired on USA.  The stock market is crashing and Donald Trump is surging.  Ok, so maybe not everything is clicking.  But some good news for product liability defense lawyers […]

Read the full article →

Cybersecurity May Create New Vehicle for Government Settlements

August 28, 2015

In December we addressed the topic of cybersecurity from a product liability perspective.  In particular, our prior report highlighted the U.S. Food and Drug Administration’s final guidance on the need for effective cybersecurity and warned that medical device manufacturers should heed the FDA’s recommendations. See article. As promised, we have continued to monitor the development […]

Read the full article →