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Bayer Corp., 727 F.3d 300 (3d Cir. 2013) (rejecting affidavits from class members as means of identification where defendant kept no purchase records). [read post]

43(B)log - http://tushnet.blogspot.com/

Differential Etiology and Other Courtroom Magic

23 Jun 2014, 12:57 pm by Schachtman

Ortho Pharmaceutical Corp., 788 F. 2d 741, 744–745 (11th Cir. 1986). [read post]

Tortini - http://schachtmanlaw.com/blog/

record-free consumer class action certified as ascertainable

8 May 2014, 5:56 am by Rebecca Tushnet

Bayer Corp., 727 F.3d 300 (3d Cir. 2013), is not the law of the Ninth Circuit. [read post]

43(B)log - http://tushnet.blogspot.com/

Dicta Gone Wild on Generic Preemption

1 May 2014, 4:59 am

At most, Teva could have sought assistance from the FDA in convincing Bayer to adopt a stronger label for Yaz so it could do the same with regard to Gianvi. [read post]

Drug and Device Law - http://druganddevicelaw.blogspot.com/

court certifies nationwide damages class for homeopathic products

1 May 2014, 4:50 am by Rebecca Tushnet

Bayer Corp., 727 F.3d 300 (3d Cir. 2013), defendants argued that class certification would be inappropriate because self-identification of a class deprived them of due process rights to challenge individual members’ claims; prevented finality because class members could later assert that fraudulent claims diluted their recovery; and made the class action an inferior mechanism because of the challenges of confirming class membership. [read post]

43(B)log - http://tushnet.blogspot.com/

Will New FDA Guidance Affect Evaporated Cane Juice Litigation?

28 Apr 2014, 10:00 am by Kristen E. Polovoy

Dukes, 564 U.S. 277 (2011), and Comcast Corp. v. [read post]

Ahead of the Class - http://classactionblog.mmwr.com

TTAB Affirmed Descriptive Refusal Of Swatch’s Mark TOURBILLON And Design

25 Apr 2014, 7:38 pm by Nikki Siesel

See DuoProSS Meditech Corp. v. [read post]

New York Trademark Attorney Blog - http://www.newyorktrademarkattorneyblog.com/

Fractured CAFC decision in Braintree v. Novel with two different dissents; case punted back to DNJ

23 Apr 2014, 7:44 am by Lawrence B. Ebert

Emulex Corp., 732 F.3d 1325, 1333 (Fed. [read post]

IPBiz - http://ipbiz.blogspot.com/

Off Label Use Does Not Establish a False Claim

23 Apr 2014, 4:30 am

Bayer Corp., 2014 U.S. [read post]

Drug and Device Law - http://druganddevicelaw.blogspot.com/

Applying the doctrine of res judicata

21 Apr 2014, 4:00 am by The Public Employment Law Press

Supreme Court granted Plaintiff’s employer’s motion for summary judgment dismissing the complaint, which order was affirmed by the Appellate Division in Bayer v City of New York, 60 AD3d 713.Plaintiff subsequently filed another action in Supreme Court, this time alleging age discrimination and the creation of a hostile work environment in violation of Executive Law §296. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Certain Spinal Implants May be Linked to Paralysis

18 Apr 2014, 7:56 pm

The spinal stimulators that were involved came from different manufacturers, including Boston Scientific Corp. and Medtronic. [read post]

Massachusetts Drug Injury Lawyers Blog - http://www.druginjurylawyersblog.com/

Rise Of The Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer

15 Apr 2014, 6:30 am by Seyfarth Shaw LLP

Bayer Corp., 131 S. [read post]

Workplace Class Action Blog - http://www.workplaceclassaction.com/

Indiana Copyright Litigation Update – Richard N. Bell v. Diversified Vehicle Services et al

8 Apr 2014, 8:51 am by Kenan Farrell

Greg Bayers LLC et al. [read post]