Searching Content indexed under Civil Law by Morrison & Foerster LLP ordered by Published Date Descending.
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What Are The Top Hatch-Waxman and BPCIA Developments For August 2018?
This month we highlight a district court opinion from Judge Dyk, sitting by designation, denying a preliminary injunction in a brand-vs-brand litigation...
United States
27 Sep 2018
The CFPB Issues Its Final Arbitration Rule
Ending months of speculation and insider reading of tea leaves, on July 10, 2017, the CFPB published a final rule regarding the use of arbitration agreements in specified consumer financial contracts.
United States
26 Jul 2017
In A Rough Year For CDA Section 230, Manchanda V. Google Provides Comfort To Website Operators
As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the CDA still provides robust protection against liability...
United States
9 Dec 2016
Weeks II: Innovator Liability Finds A Sweet Home In Alabama
Last week, the Supreme Court of Alabama confirmed its January 2013 holding that manufacturers of brand drugs can be liable for injuries caused by generic drugs.
United States
2 Sep 2014
The "Discovery" Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes Of Repose Are Not Preempted By CERCLA
The Supreme Court ruled in CTS Corp. v. Waldburger et al. that CERCLA does not preempt state statutes of repose.
United States
18 Jun 2014
Websites Hit With Demand Letters On Accessibility Issues Despite Courts’ Rejection Of Claim
In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities.
United States
13 Jun 2014
"Brand" New Law: Illinois Court Holds Brand Manufacturers Owe Duty Of Care To Generic Users
Last week, a federal district court in Illinois held that GlaxoSmithKline, a branded drug manufacturer, owed a duty of care to a patient who took the generic version of its drug. Dolin v. SmithKline Beecham Corp., No. 1:12-cv-06403, slip op.
United States
15 Mar 2014
Second Circuit Maintains Expansive View Of Civil Liability For Insider Trading
On February 18, 2014, in SEC v. Contorinis,1 the Court of Appeals for the Second Circuit affirmed an order requiring Joseph Contorinis to personally disgorge more than $7 million in insider trading profits realized by a fund he co-managed, even though he did not personally receive those profits.
United States
24 Feb 2014
Judge Koh Tosses Restitution And Disgorgement Claims In Bumble Bee Class Action
In one of the first summary judgment rulings in the onslaught of food mislabeling and misbranding class actions, Judge Lucy Koh of the Northern District of California tossed the plaintiff’s restitution and disgorgement claims.
United States
27 Jan 2014
The Ninth Circuit Affirms Dismissal Of Lazy Cakes Suit Where Product Packaging Belies Misrepresentation And Omissions Claims
On November 18, 2013, the Ninth Circuit affirmed a district court’s dismissal of a putative class action suit against HBB, LLC. Cheramie v. HBB, LLC, Case No. 12-55148.
United States
2 Dec 2013
Weeks Defies Years Of Jurisprudence, Allowing Innovator Liability For Generic Drugs
Last week the Alabama Supreme Court adopted brand-name manufacturer liability for a generic drug sold by another company, becoming the first state supreme court to do so.
United States
28 Jan 2013
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