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242 published works
Ogletree Deakins Insights
DOJ Releases Memorandum Supporting Employers’ Right to Mandate Vaccines Approved by the FDA for Emergency Use
By Publisher, Charles L. Thompson IV, Justin P. Grose
Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of…
HR Law Watch
COVID NEWS – DOJ Says Vaccine Mandates Not Prohibited by EUA Law and CDC Updates Mask Guidance for the Vaccinated
By Tara L. Humma, Gustavo Cardona, Meredith S. Dante
Below are a number of significant developments related to COVID-19 that impact businesses of all sizes, across industries: DOJ Says Vaccine Mandates Not Prohibited by EUA This week, the Department…
Drug & Device Law
FDA Reporting and Consumer Protection Issues Certified to Connecticut Supreme Court
By Bexis
As we discussed in our recent 50-state survey on failure-to-report claims, plaintiff-side allegations seeking to predicate “warning” liability on a defendant’s allegedly failing to comply with FDCA adverse event reporting…
Drug & Device Law
Banned on the Run
By Bexis
With apologies, this time, to Sir Paul − “The circuit judge, who held a grudge, has put the FDA’s banned on the run. . . .” That’s just about what happened in Judge…
Law and the Workplace
Federal Court Upholds Employer’s COVID-19 Vaccine Mandate
By Evandro Gigante, Alex Downie, Rebecca Fishbein
On June 12, 2021, a federal District Court in Texas in Bridges, et al v. Houston Methodist Hospital et al, Docket No. 4:21-cv-01774 (S.D. Tex. Jun 01, 2021) dismissed a…
Drug & Device Law
Door Still Shut to Parallel Violation Claims in Florida
This post is from the non-Reed Smith side of the blog. Today’s case – Bernasek v. Gatz, 2021 WL 2152968 (Fla. Cir. May 20, 2021) – doesn’t exactly break new…
Drug & Device Law
Causation and The Learned-Intermediary Doctrine
Today we report on two cases involving the learned-intermediary doctrine. One holds that the doctrine applies in the context of clinical trials; the other holds that it applies even when…
Drug & Device Law
We Report on FDA-Based Failure-To-Report Claims – A Fifty-State Survey
By Bexis
Not too long ago we discussed the decision in In re Allergan Biocell Textured Breast Implant Products Liability Litigation, 537 F. Supp.3d 679 (D.N.J. 2021) (“TBI”). TBI addressed quite a…
Drug & Device Law
Pleading Preemption As A Defense In A Privacy Class Action
Critics have been known to accuse us of being too hard on product liability plaintiffs and too forgiving of defendants who develop medical products. We all have our biases, especially…
Drug & Device Law
Preemption Again Defeats Breast Implant Claims
By Bexis
We praised Brooks v. Mentor Worldwide, LLC, 2019 WL 4628264 (D. Kan. Sept. 23, 2019), when it was first decided, as “checking all the boxes.” Last week the Tenth Circuit…