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Blogs

ERISA does not Preempt State Law Claims against Executives having “Dual Hat”

On July 28, 2021, the Seventh Circuit Court held that the Employee Retirement Income Security Act (“ERISA”) does not preempt…

New York District Court Dismisses Article III Standing in FDCPA Claim Due to Absence of Concrete and Particularized Injury

Following the suit of TransUnion v Ramirez, No. 20-297 (June 25, 2021), the United States District Court for the Eastern…

North Carolina District Court Reverses Bankruptcy Court’s Order in Favor of Mortgage Servicer

On July 6, 2021, the U.S. District Court for the Eastern District of North Carolina reversed the order delivered by…

The Fifth Circuit Court Rules in Favor of the Insured Vendor For Alleging “Personal and Advertising Injury”

On July 21, 2021, the United States Court of Appeals for the Fifth Circuit ruled that an insurer owes a…

FDA Publishes Final “Intended Rule” with regards to Off-Label Marketing

On August 02, 2021, the U.S Food and Drug Administration (FDA) issued its final “intended rule”. FDA amended its regulations…

Significance of Expert Testimony in a Medical Malpractice Case wherein causation is disputed

The Supreme Court of Arizona affirmed in Sampson v. Surgery Center of Peoria, LLC CV-20-0024-PR that in Arizona medical malpractice…

New York District Court Dismisses Six FDCPA Class Action Suits for Lack of Article III standing

On July 23, 2021, the United States District Court Eastern District of New York dismissed six class action suits on…

U.S. Safety Regulator Files a Product Liability Suit against Amazon

In July 2021, the U.S. Consumer Product Safety Commission (“CPSC) decided to go after Amazon.com Inc. and filed a suit…

Eighth Circuit Court of Appeals Rule in Favor of Insurers in Claim Alleging Physical Loss Due to COVID-19

The United States Court of Appeals for the Eighth Circuit delivered the first federal appellate court decision on the issue…