More Appellate Law Articles
Poking Holes in Pliva v. Mensing: Are Failure to Timely Update Label Claims Cognizable?
In Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the United States Supreme Court held that state law failure to warn claims against manufacturers of generic pharmaceutical products were impliedly pre-empted by federal law because FDA regulations preclude generic manufacturers from including...Read More
Unanimous Supreme Court Finds Time Spent for Security Screenings Is Not Compensable
On December 9, 2014, the U.S. Supreme Court issued a unanimous decision providing significant guidance as to what constitutes compensable work under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act. The case, Integrity Solutions, Inc. v. Busk, involved a contractor to Amazon...Read More
Supreme Court Declines to Review 3rd Circuit Ruling; Crime-Fraud Exception to Attorney-Client Privilege Decision Persists
On November 10, 2014, the Supreme Court (No. 14-389) declined to review the 3rd Circuit decision (No. 13-1237), In Re: Grand Jury Subpoena, leaving intact the 3rd Circuit’s ruling on the proper bounds of the crime-fraud exception to the attorney-client privilege. In the...Read More