Expert Testimony Needed To Prove Causation

The Seventh Circuit recently upheld the grant of summary judgment against a plaintiff asserting products liability claims against the manufacturer of an intrauterine device (IUD). See Dalton v. Teva N. Am., No. 17-1990, 2018 WL 2470634 (7th Cir. June 4, 2018). Because the plaintiff failed to produce expert testimony regarding causation, as required under the […]

Counting Calories? It Will Now Be Easier When You Dine Out

If you are someone who chooses an item on a restaurant menu based on calorie content, you are in luck.  This month, the FDA’s “Menu Labeling Rule” requiring calorie counts next to menu items went into effect.  FDA Commissioner Scott Gottlieb issued a press release providing an overview of the labeling rule.  Commissioner Gottlieb noted that […]

Statute of Limitations Leaves Plaintiff SOL

Finding his claims were time-barred, the Fourth Circuit recently affirmed the dismissal of Appellant’s complaint in Ferro v. Volvo Penta of the Americas, LLC, No. 17-2129, 2018 WL 2068665 (4th Cir. May 3, 2018) (“Ferro II”). The decision is a good example of why it is important for defense counsel to identify each claim’s statute […]

New Jersey Federal Court Highlights Continued Hurdles To Consumer Class Actions

As consumers continue to file class actions around the country, it is important for practitioners to analyze how federal courts interpret class certification requirements. For defense attorneys, it is especially helpful to understand the nuanced arguments that have been successful in defeating class certification and, in particular, to develop a strong factual record during discovery in support of […]