When I last posted about nanomaterials—in connection with the Environmental Protection Agency’s March 19, 2015 response to a petition for rulemaking on nanosilver—I predicted that more “nano-disputes” would soon make their way into court. Sure enough, the Ninth Circuit recently revoked the EPA’s conditional registration of the second registered nanosilver-based materials preservative on the market, NSPW-LS0SS (“NSPW”). National Resources Defense Council v. U.S. Environmental Protection Agency, No. 15-72308 (9th Cir. May 30, 2017).
In its 2015 response discussed in my prior post, the EPA agreed to treat as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) products containing nanoscale silver if intended for “pesticidal purposes.” FIFRA governs the sale, use, and dist
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Derek Boogaard, the Boogeyman to some, played for the Minnesota Wild and New York Rangers during his six-year career in the National Hockey League. Known as one of the game’s fiercest fighters, Boogaard racked up 589 penalty minutes in 277 career games. He died on May 13, 2011, at age 28,Read the full article →
Just in time for the July bar exam, the Supreme Court of the United States issued a decision that substantially impacts specific personal jurisdiction—a fundamental concept that all law students encounter in their first-year Civil Procedure course. See Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., 582 U.S.Read the full article →
A recent opinion out of the Philadelphia Court of Common Pleas reinforces the notion that claims asserted by private plaintiffs based on alleged off-label promotion of FDA regulated medications are preempted by federal law. See Caltagirone v. Cephalon, Inc., 2017 WL 1135576 (Pa. C.P. March 23, 2017). The case involvedRead the full article →
Here at Weil’s Product Liability Monitor, we keep a close eye on developments relating to autonomous, or “self-driving,” cars and their legal implications. This technology–which has the potential to save countless lives, reduce traffic, and lower emissions–is developing at a rapid pace. And, now, the technology is expanding closer to home–hereRead the full article →