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Federal court strikes down NLRB union election rule 

Published: May 15, 2012

Tags: NLRB, President Obama, quorum, recess appointment, U.S. Chamber of Commerce, union election

WASHINGTON – A federal court has struck down new labor union election regulations, ruling that the National Labor Relations Board violated voting procedures when it voted to approve the rules.

Couple claims Actos maker concealed bladder cancer link 

Published: May 11, 2012

Tags: Actos, bladder cancer, diabetes medication, Eli Lilly, Kentucky, Takeda Pharmaceutical

A Kentucky resident and his wife have filed a suit against Japanese-based Takeda Pharmaceuticals and Eli Lilly, claiming the diabetes drug Actos caused his bladder cancer.

Mississippi’s damages cap unconstitutional, judge rules 

Published: May 11, 2012

Tags: damages cap

A Mississippi judge has declared unconstitutional the state’s $1 million cap on noneconomic damages.

Social networks in Maryland get workplace protection 

Published: May 10, 2012

Tags: Maryland, social media

Maryland workers can now tweet, update their Facebook statuses and post information on LinkedIn, without worrying about their bosses seeing any of it.

Court tosses $5M punitive award in first ‘Engle’ case 

Published: May 10, 2012

Tags: Benson & Hedges, cigarettes, Engle, Engle litigation, fraudulent concealment, Philip Morris, punitive damages, statute of repose, tobacco, tobacco litigation

A Florida appellate panel has overturned a $5 million award of punitive damages against Philip Morris in the first individual case to go to trial under the state’s court-imposed procedures for product liability suits against cigarette manufacturers.

Pharmaceutical reps aren’t entitled to overtime 

Published: May 10, 2012

Tags: fair labor standards act, overtime

Pharmaceutical companies did not violate federal wage and hour law by classifying their sales representatives as administrative employees ineligible for overtime, the 7th Circuit has ruled.

Termination for disability fraud didn’t violate FMLA 

Published: May 10, 2012

Tags: disability benefits, Family and Medical Leave Act, FMLA, fraud, retaliation

An employer didn’t violate federal medical leave law when it fired an employee after concluding that he was fraudulently receiving disability benefits, the 6th Circuit has ruled in affirming a summary judgment.

Ruling may save suits against generic drug makers 

By: Sylvia Hsieh
Published: May 9, 2012

Tags: drug litigation, failure to warn, Federal Food Drug and Cosmetic Act, federal preemption, generic drug litigation, generic drugs, PLIVA v. Mensing, preemption, product liability, Wyeth v. Levine

Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right.

But last week a federal appeals court issued a ruling that gives plaintiffs a long-awaited opening in those suits.

Genetic mother entitled to declaration of maternity 

Published: May 9, 2012

Tags: gestational carrier, in vitro fertilization

State courts had the authority to declare the maternity of a woman whose genetic child was conceived through in vitro fertilization and carried and delivered by a gestational carrier, Maine’s highest court has ruled in reversing judgment.

Grinding machine maker may have asbestos liability 

Published: May 9, 2012

Tags: asbestos, design defect, failure to warn, product liability, strict liability

The manufacturer of a brake grinding machine can be sued for asbestos exposure suffered by equipment operators, even though other manufacturers’ products were the source of the asbestos, the California Court of Appeal has ruled in reversing a dismissal.