Okay, retail shelves don’t have eyes. We coined that phrase to mimic the title of the Wes Craven films featuring desert mutants and the horror they impose on unsuspecting travelers. We watched the original 1977 film The Hills Have Eyes while traveling a few years back and thought it was not that great. Imagine then
Fraud via omission of facts is a popular plaintiff lawsuit theory, but many of those lawsuits themselves suffer from the omission of plausibility and specificity. In Womack v. Evol Nutrition Assocs., 2022 U.S. Dist. LEXIS 145754 (N.D.N.Y. Aug. 16, 2022), the plaintiff filed a purported class action alleging that a manufacturer of energy drinks failed
In these dog days of summer, few things bring as much joy and relief as ice cream. What does ice cream have to do with drugs or medical devices? Not much, we suppose. Sure, ice cream can affect the brain and the body. Our neurons vibrate with pleasure as they travel along a rocky road
It is beach weather, but which beach? The Jersey shore is close, has fun boardwalks and rides, and offers the comfort of the familiar. Then again, you must pay to get on sand covered with New Yorkers. The Outer Banks are lovely, with dunes, wild horses along the surf, splendid lighthouses, and the spot where
Some things were never meant to go together. Oil and water. Ice cream and ketchup. Harry Potter and Lord Voldemort (although fans of the books will quickly point out that Boy Who Lived was actually linked inextricably to his arch enemy). Picnics and honey bees. Elected officials and the power to borrow money. You get
Stop us if you have heard this before. A group of plaintiffs bring a purported class action under a range of California consumer protection laws seeking damages related to the purchase of a medical product (or collection of somewhat related medical products) that they claimed failed to comply with FDA requirements. The defendants raise preemption
In the ever-extending period of working from home and social distancing, we have spent some time watching various exemplars of the “superhero” genre and noted that the uber kitschy afterschool and weekend morning staple of our youth is not being recreated. (If Stevie Mac is from the Pleistocene, then our youth was in the
In their unending quest to make a plaintiff out of everyone, some creative members from the other side of the “v.” have concocted a claim that we call “fourth-party payor” liability. Regular blog readers are certainly familiar with “third-party payor” actions brought – entirely for economic losses – by insurers, pension funds, and other organizations
Today’s guest post is by Camille L. Fletcher and Joshua Kipnees, both with Patterson Belknap. We actually sought out this guest post, which is rare. We first saw it on one of Patterson’s in-house firm blogs, and it was one of those rare law firm posts that did more than describe a
We may not know much about skin care, but we know a thing or two about labeling claims. Whether for a drug, a device, a food, a cosmetic, or some other product, it is necessary to apply some common sense in determining what is or is not in a product’s labeling should give rise