Tags » Preemption

False claims of FDA approval actionable under Lanham Act and state law

Innovative Health Solutions, Inc. v. DyAnsys, Inc., 2015 WL
2398931, No. 14-cv-05207 (N.D. Cal. May 19, 2015)

IHS sells a medical device called P–STIM. DyAnsys used to be the distributor of P-STIM… 566 more words

FDA pre-approval doesn't bar Lanham Act false advertising claim against device

Church & Dwight Co. v. SPD Swiss Precision Diagnostics,
GMBH, No. 14 Civ. 00585, 2015 WL 2359467 (S.D.N.Y. Mar. 24, 2015)

Earlier
discussion
. SPD argued that the FDCA… 1,853 more words

SDNY allows consumer "organic" claims to proceed

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No.
14–cv–5029 (S.D.N.Y. May 7, 2015)

Plaintiffs bought Earth’s Best food, body care, and home
care products, and alleged that they were misleadingly labeled as “organic,” 1,467 more words

District court largely upholds mandatory GE disclosures

Grocery Manufacturers Assoc. v. Sorrell, 2015 WL 1931142, No.
5:14–cv–117 (D. Vt. Apr. 27, 2015)

Relax, we’ll be here for a while.

Vermont passed a law, Act 120, requiring that manufacturers… 5,599 more words

What DO you call it when democracy is broken at the behest of business?

“Democracy is not safe if the people tolerate the growth of private power to a point where it becomes stronger than their democratic state itself.” 1,065 more words

Economy

8th Circuit dismisses right of publicity claim as copyright preempted

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015)

Steve “Wild Thing” Ray wrestled professionally in
the Universal Wrestling Federation (UWF) from 1990 to 1994. 332 more words

Reading list: class ascertainability & preemption of state sound recording public perf. rights

Geoffrey C. Shaw, Class
Ascertainability
, forthcoming, Yale Law J. (2015)

Abstract:

In recent years, federal courts
have been enforcing an “implicit” requirement for class certification, in… 925 more words