Settling a False Claims Act Case Need Not Be a Foregone Conclusion

February 11, 2015

Here at the Monitor, we frequently report on developments concerning the False Claims Act.  (For recent examples of our coverage, please see here, here and here.)  As we have noted in the past, the United States continues to aggressively expand its use of the False Claims Act, racking up impressive recoveries. In fact, last year alone, […]

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Third Circuit Holds Locomotive Inspection Act Does Not Preempt State Law Claims

February 10, 2015

In Delaware & Hudson Railway Co. v. Knoedler Manufs., Inc., the Third Circuit recently ruled on an issue of first impression involving federal preemption under the Locomotive Inspection Act (the LIA). The case involved injuries by railway workers allegedly sustained from defective train seats, parts which fall under the jurisdiction of the LIA. After settling with their […]

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Joining Forces: Obama Budget Recommends Consolidated Food Safety Oversight

February 6, 2015

Every year in the United States, food-borne illnesses strike about one in six people, hospitalizing 128,000 and killing 3,000. Several of these high-profile incidents have shattered confidence in federal safety agencies’ ability to competently oversee the nation’s food supply. In response, President Obama has asked in the fiscal 2016 budget for the authority to create […]

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SCOTUS Clarifies MDL Appealability

February 3, 2015

From time to time we like to bring to our readers’ attention interesting articles our colleagues in other practice groups have written on topics that could be relevant to product liability.  Today, our colleague Jane Cooper in Antritrust has written about the U.S. Supreme Court’s decision in Gelboim v. Bank of America.   A link to the article is available here.  The decision […]

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A Game of Chicken

January 30, 2015

The United States Department of Agriculture’s (“USDA”) Food Safety and Inspection Service (“FSIS”) recently announced new safety measures that will expand food inspection standards for poultry production establishments in response to concerns about foodborne illnesses. (See press release). Under the proposed rule, FSIS will test raw chicken and turkey parts, including chicken breasts, legs and wings […]

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