The Impact of Comcast v. Behrend on Food Labeling Class Action Litigation

May 11, 2015

Last month, I co-authored with my colleague Konrad Cailteux an article discussing the impact of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) on food labeling class actions.  Given that food labeling litigation shows no signs of stopping, see here, here, and here for some recent examples, I thought the article might be of interest to readers of the […]

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Sharing Economy May Mean Sharing Liability

May 8, 2015

The “sharing economy” is a marketplace where people offer for rent goods or services that they own.  To date, the peer-to-peer (“P2P”) sharing model spans across multiple industries offering consumers the ability to share access to a dress (rent the runway), a WiFi connection (Fon), a bicycle (Liquid), a car (Uber, Lyft, SideCar) and even […]

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Hoping to Slay Innovator Liability, Alabama Takes Another Stab at Weeks

May 6, 2015

It’s been more than two years since I wrote about the massive industry backlash following the Alabama Supreme Court’s decision in Wyeth Inc. v. Weeks, No. 1101397 (Ala. Jan. 11, 2013), and the topic of innovator liability is as hot as ever (at least to us here at the Monitor). Today we are reporting on […]

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The Tricky Case for Causation in Fracking Litigation

May 1, 2015

Below is an article appearing in last month’s National Law Journal we co-authored with Yvette W. Lowney of Exponent discussing causation issues in the context of fracking litigation.  Since the article ran, the Colorado Supreme Court issued its decision in Antero Resources Corp. v. William G. Strudley, rejecting the use of Lone Pine orders under […]

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For Compounding Pharmacy, it Pays to be a “Health Care Provider” in Texas

April 30, 2015

What’s in a name? Quite a bit if you are in the business of dispensing prescription medications in Texas. Last week, the Texas Supreme Court overturned the decisions of two lower courts and ruled in favor of a compounding pharmacy and several of its licensed pharmacist employees who claimed that they are “health care providers” […]

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