The Supreme Court decided the closely watched jurisdictional case, Mallory v. Norfolk S. Ry. Co., 600 U.S. 122, 143 S. Ct. 2028, 216 L. Ed. 2d 815 (2023). In a series of decisions, the Court has sought to clarify the
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First Circuit Affirms Preemption Decision
We cannot offer any additional commentary because the Firm was part of the team representing defendant, but we wanted to commend to our readers the recent decision, In re Zofran (Ondansetron) Prod. Liab. Litig., 57 F.4th 327 (1st Cir. 2023).…
MDL Judge Decides Important Preemption Issues
Worth our note is a recent preemption decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation, 2022 WL 855853 (D.N.J. March 23, 2022). The case is noteworthy because it contains a cogent and well-reasoned exploration of many of the…
Slightly Sweet Tea Putative Class Action Dismissed
Today’s case involves a New York federal court dismissing a proposed class action alleging that the labeling on “slightly sweet” chai tea lattes misleads consumers into thinking the drinks are low in sugar. Brown v. Kerry Inc., No. 1:20-cv-09730 (S.D.N.Y.
Florida Supreme Court Leads on Apex Doctrine- TIPS Article
A good read on an important topic: my Public Policy Group colleagues Chris Appel and Mark Behrens recently published an article in the latest ABA TIPS section magazine, The Brief, titled “Florida Supreme Court Leads on Apex Doctrine.” Vol. 51,…
New Article on Personal Jurisdiction by “Consent”
My partner Joe Blum and I recently published an article on Mallory v. Norfolk Southern Railway Co. and the General Jurisdiction Consent Battle.
We discuss that courts have continued to address the theory that a corporate defendant consents to…
Approaching Two Year Mark on Pandemic — Mental Health So Very Important
We are approaching the second anniversary of the Covid pandemic, at least measured in the time that many law firms were forced to close offices and have attorneys work from home. That time has seen saddening numbers on illness and…
New Article on Product Liability Related Trends
For those of our readers with access to the Law360 universe, my partner Hildy Sastre and I just published an article on Important Product Liability Practice Trends To Watch In 2022.
In honor of Punxsutawney Phil we venture predictions…
Accolade For Firm’s Cybersecurity Team
Very pleased to share the news that the Firm’s team has been named Cybersecurity Group Of The Year by Law360. My colleague Al Saikali heads a 30-laywer, multi-office team that handles all aspects of data and privacy, with particular emphasis…
Another Proposed Vanilla Claim Dismissed
Cases out of New York involving food products catch our eye these days, as NY threatens to become the new “food court.” Today’s post involves Eric Parham v. ALDI, Inc., No. 19 CIV. 8975 (PGG), 2021 WL 4296432 (S.D.N.Y. Sept. 21,…