National Law Journal | Analysis
By Maydeen Merino | August 16, 2024
The agency's jurisdiction is limited to companies that operate for profit. In the health care industry, many medical faciilites are organized as not-for-profit entities and, thus, not subject to the FTC's rule.
By Colleen Murphy | August 15, 2024
"Through its most recent hirings, STAAR aims to essentially hire the entire J&J Vision marketing team at a critical time for J&J Vision's business and in the midst of its execution of its short-term and long-term strategic plans," the complaint said.
By Charles Toutant | August 14, 2024
The defense did not present a medical expert but instead presented testimony from a physician to undercut the plaintiff's expert's testimony, one of the plaintiffs' lawyers said.
By Charles Toutant | August 8, 2024
"What I think the plaintiffs bar really needs to focus on is you can get more than the coverage, and for some reason, it's not been done very often," the plaintiff's attorney said.
By Colleen Murphy | August 5, 2024
"Defendants' certifications, which avow that their quality assurance and improvement committees also operated as patient safety committees to comply with the PSA, defeat their claims for the self-critical-analysis privilege," Justice Fabiana Pierre-Louis wrote for the court.
By Charles Toutant | July 18, 2024
"We believed in our case, and that is why we committed so many resources to litigating it. And in the end, you know, I believe that we got a very excellent result," said Sherrie R. Savett of Berger Montague, who represented the plaintiff.
By Marianna Wharry | July 17, 2024
"The complaint generally alleges the elements for holding a medical provider strictly liable under a defective design theory, and AbbVie has not cited ... to a single case which addresses the pleading requirements in state court," wrote U.S. District Judge Robert Kirsch for the District of New Jersey. "In order for a court to find fraudulent joinder, 'it must be impossible for a state court to find that a plaintiff has stated a valid cause of action.'"
By Marianna Wharry | July 15, 2024
Saul Ewing's Sarah A. Sullivan and Alexander Lee Callo in Newark have recently entered appearances on behalf of an artificial intelligence-driven pharma-tech company sued in a pending securities class action.
By Colleen Murphy | July 11, 2024
"The AOM requirement should not be a minefield battle about hypertechnicalities; the requirement is a threshold issue only meant to weed out unmeritorious cases at the beginning of the case before discovery has taken place. The court's decision strikes the right balance on protection of a plaintiff's meritorious case from dismissal with prejudice at a time when many facts are still unknown with providing a defendant with notice that the claim as alleged has merit," said Christina Vassiliou Harvey, a partner with Lomurro Munson.
By Colleen Murphy | June 27, 2024
"After a thorough review of all plaintiffs' constitutional taking claims, we conclude that the record shows no per se taking, nor does a balancing of the Penn Central factors reveal a regulatory taking," Judge Morris G. Smith said. "We affirm the trial court's order granting defendants' motion for summary judgment against all plaintiffs."
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