11th Circuit Does Not Mesh Around and Upholds $27M Judgment
11/13/17
By Samantha Skolnick
In a recent decision by the U.S. Court of Appeals for the Eleventh Circuit, the Court upheld almost $27 million in judgments against Boston Scientific Corporation (BSC). The consolidated cases stemmed from women who claimed to have …
What Do You Call Your Chicken?
11/9/17
By: Jason C. Dineros
McDonald’s, the world’s second largest fast food chain (behind Subway, for those wondering), is facing a potential class action for advertising its food items containing chicken breast as being comprised of “100%” breast meat. Primarily targeting …
Ongoing … Ongoing … Gone! — California Finds Ambiguity in Additional Insured Endorsements Addressing Ongoing Operations
10/30/17
By: Zach Moura
In two recent published decisions, the California Court of Appeal held that additional insured endorsements (“AIE”) intended to limit coverage to damages sustained while the insured is performing ongoing operations were ambiguous.
In Pulte Home Corporation v. …
Asking Applicants' Salary History Likely to be Prohibited
9/15/17
By: Jennifer L. Sommer
AB 168, likely to pass into California law in 2017, would ban California employers from asking job applicants about their salary history. The bill would apply to all employers, including state and local governments. However, only …
Advancements in Medical Device Technology Prompts FDA Guidance Document for Manufacturers
9/8/17
By: Michael P. Bruyere and Samantha Skolnick
From operating rooms to a local pediatrician office; we know that medical devices have altered the medical field in a significant way. As technology, has improved; making our homes smarter and allowing our …
SEC Issues Risk Alert on the Cybersecurity Practices of Registered Broker-Dealers, Investment Advisers, and Investment Funds.
8/11/17
By: Jennifer Lee
The U.S. Securities and Exchange Commission (“SEC”) is becoming increasingly focused on cybersecurity issues in recent years as data breaches and ransomware attacks become more frequent and wide-spread across all industries. The most recent Risk Alert, …
Georgia’s New Garnishment Code
11/10/16
By: A. Ali Sabzevari
To collect money owed, judgment-creditors must typically file a garnishment action and serve the garnishee, such as an employer or financial institution, and the judgment-debtor. The State of Georgia has a new garnishment code that …
Higher Screening Standards Needed to Prevent Fentanyl Misappropriation in Hospitals
11/4/16
By: Robyn Flegal
A disturbing trend is on the rise. Hospital employees are misappropriating drugs intended for patients. The drug of choice is fentanyl, which has been used as a prescription painkiller since the 1960s, but is up to fifty …
District Court Dismisses Suit for Failure to Meet the Pleadings Requirements Under the U.S. Telephone Consumer Protection Act
10/3/16
By: A. Ali Sabzevari
A federal judge recently dismissed a class action lawsuit accusing CrossCountry Mortgage, Inc. of contacting consumers nationwide with unsolicited calls, finding that plaintiffs did not clearly show the mortgage lender made the calls in dispute. Filed …