News & Analysis as of

Manufacturers Appeals

McDermott Will & Schulte

Cooperate, protect, and challenge: Responding to dawn raids conducted by EU competition authorities

Dawn raids conducted by antitrust authorities are stressful events. Among other issues, the ensuing investigations consume significant time and effort and often result in high fines for the companies involved. It is therefore...more

Goldberg Segalla

Fourth Department Denies Defendant’s Appeal on Issue of Causation and Affirms Judgment Entered in Favor of Plaintiff

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Supreme Court of New York, Appellate Division, Fourth Department - In this personal injury action, plaintiff Joseph Skrzynski alleged asbestos exposure from brakes and other related products while working at an automobile...more

Troutman Pepper Locke

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

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On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the...more

MG+M The Law Firm

PCBs and Precedent: What the Monsanto Settlement Means for Future Toxic Torts - (UPDATED)

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Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more

McDermott Will & Schulte

This Week in 340B: July 1 – 7, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

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The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

Foley & Lardner LLP

A Shot of Reality: Court Denies Dealer’s Request for Preliminary Injunction to Stop Termination of Dealership Agreement

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A federal court recently denied a dealer’s request for preliminary injunction to halt the termination of a dealership agreement with a manufacturer of liquor control systems. The dealer’s acts and omissions during the...more

PilieroMazza PLLC

New Developments for SBA’s HUBZone Program

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The U.S. Small Business Administration’s (SBA) Historically Underutilized Business Zone (HUBZone) program underwent a major rule change in January 2025, as we wrote about here. In this blog, PilieroMazza examines new...more

Goldberg Segalla

$3M Plaintiff Verdict in Louisiana Talc Trial Under Review

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Court: Civil District Court for the Parish of Orleans, State of Louisiana - As previously reported HERE in the Asbestos Case Tracker, a Louisiana jury on May 7 returned a plaintiff’s verdict against talc manufacturer Johnson...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

Goldberg Segalla

Debtor’s Injunction Language to Bar Future Claimants with Latent Injuries Deemed Unenforceable on Appeal

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Court: United States Bankruptcy Appellate Panel for the Ninth Circuit - Debtor Ben Nye Co. Inc., a manufacturer and distributer of theatrical makeup, filed for subchapter V bankruptcy in March 2024. Its proposed bar date...more

McDermott Will & Schulte

This Week in 340B: June 10 – 16, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

A&O Shearman

Maker Of 5-hour ENERGY® Falls Short On Robinson-Patman Act Claims Again

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On May 28, 2025, the United States District Court for the Central District of California held that plaintiffs failed to prove that they incurred an antitrust injury flowing from the differential promotional allowances...more

McDermott Will & Schulte

This Week in 340B: June 3 – 9, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Goldberg Segalla

Defendant Contractor’s Summary Judgment Upheld on Appeal

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Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos exposure during his work as...more

McDermott Will & Schulte

This Week in 340B: May 27 – June 2, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Goodwin

State Drug Transparency Laws - 2025 Update

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We previously reported on an uptick in the passage of state drug price transparency legislation. What follows is an update to that report. As of April 2025, approximately 23 states had passed drug price transparency laws....more

Marshall Dennehey

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

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Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if...more

McDermott Will & Schulte

This Week in 340B: May 20 – 26, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Morrison & Foerster LLP - Class Dismissed

Tenth Circuit Denies Challenge to CPSC Rule Regulating High-Powered Magnets

The Tenth Circuit Court of Appeals denied a petition challenging a rule promulgated by the U.S. Consumer Product Safety Commission (CPSC) banning small, high-powered, separable magnets. Upholding CPSC’s rule, the Tenth...more

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

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On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

McDermott Will & Schulte

This Week in 340B: May 13 – 19, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Husch Blackwell LLP

Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

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The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In...more

Rivkin Radler LLP

Seventh Circuit Rejects Extension of AKS to Marketing Companies Without Evidence of Intent to Induce Referrals

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The U.S. Court of Appeals for the Seventh Circuit recently rejected an effort by the federal government to extend the federal Anti-Kickback Statute (AKS) to a marketing company in the absence of influence by the company over...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Tennessee Division of Solid Waste Management Proposed Order and Assessment Addressing Ripley...

The Tennessee Division of Solid Waste Management (“TDSWM”) issued a February 7th Proposed Director’s Order and Assessment (“Order”) to SRG Global Coatings, LLC (“SRG”). See Case No. HWM 24-0024. The Order provides that...more

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