Plaintiffs often like to sue in New Jersey, but that does not mean they always get what they want. The California plaintiffs in Serrano v. Campbell Soup Co. sued a beverage company in New Jersey, but the court rejected their New Jersey law claims and left them with only one California claim—and even then, only
That concept does not feel like it should be controversial in any way. Afterall, at the heart of class action tolling of the statute of limitations, as announced in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), is there must be a pending class action. But the concept gets a little
We reported a few months ago on a California court that largely gutted a pharma-related privacy class action centered on the alleged disclosure of personal information through the use of computer pixels. Today we bring you another pixel case, but with a different outcome. In Jancik v. WebMD LLC, No. 1:22-cv-644, 2025 U.S. Dist.
Today’s guest post of from Ronnie Peleg, chair of the pharmaceutical practice at the Meitar Law Firm. Over the last two decades, Ronnie has been involved in most of the Israeli copycat filings of notable US drug and medical device cases. In this post he provides a useful thumbnail sketch of how Israeli
Like the radio stations of yore did with songs, we offer up two related posts back-to-back instead of the usual one. We cannot offer a “favorite artist” as the source of consecutive songs, we offer two posts that relate to the legal implications of some of the typical things that FDA does and has been
It’s the holiday season, and we’re getting in the festive spirit. We like old-school jingle in our jangle (even though that’s not necessarily holiday themed), more recent, unquestionably holiday-focused jingle jangle, and even first-gift of Christmas jingle, But there may be nothing more festive than a rock-solid preemption win—particularly one from California. We think this one will put a spring in your step and a sparkle in your smile. Continue Reading Jingle Jangle, California OTC Preemption
In 2018, our blogpost on In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices & Liability Litigation, 903 F.3d 278 (3d Cir. 2018), was entitled “Money For Nothing? No Standing This Time in the Third Circuit.” There, it appeared that the Third Circuit had drawn an eminently reasonable bright line disallowing no-injury
Long ago, a senior partner told us that clear writing flows from clear thinking. That might be so, but clear thinking and clear writing do not necessarily produce the correct result. For example, you’d have a tough time finding a legal opinion written more clearly than Calchi v. Topco Assocs., LLC, 2024 U.S. Dist.
When it comes to legal developments in the nation to our north, we are happy to defer to actual Canadian lawyers. Here, we present a guest post from Ashley Paterson and Gina Azer of Bennett Jones. This is Ashley’s second guest post, which means she is close to qualifying for the coveted FOB (friend
One good thing that occurred during the pandemic was the expansion of telehealth. Telehealth existed already and probably would have been expanding anyway, but patient willingness to get care from home instead of risking exposure from an in-person visit paired well with provider interest in not going to or even having to maintain an office.