In AEP v. Connecticut, the U.S. Supreme Court unanimously declared that questions of a political nature are best decided by the democratic legislative process, not by litigation through the courts. Unfortunately, the AEP message did not get to everyone. Plaintiffs in recently launched lawsuits against Frito-Lay are asking the judiciary to clarify a term which has become [...]
Archive for the ‘Health Care’ Category
Courts Not a “Natural” at Regulating Food Ads and Labels
Posted in Civil Justice & Litigation, Health Care, tagged advertising, legal activism, litigation, speech on February 8, 2012 | Leave a Comment »
Appellate Experts Assess Supreme Court at Mid-term Point
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Health Care, Regulation of Free Enterprise, U.S. Supreme Court, tagged crime, environment, Media Nosh, Supreme Court on February 8, 2012 | Leave a Comment »
Yesterday, Washington Legal Foundation held its annual “High Court Halftime” briefing program to look back on some decisions from the Supreme Court’s October 2011 term and to preview upcoming arguments. The video of this program is available here for on-demand viewing. Hosted by WLF advisory board chairman, The Honorable Dick Thornburgh, and headlined by veteran [...]
FDA’s Way or the Highway: Its Unlawful Alteration of “Device” Definition
Posted in Government Transparency, Health Care, tagged business civil liberties, FDA on January 24, 2012 | Leave a Comment »
DSW in action In a single response to a request from one company in 2009, and then subsequently in 2011 through a draft guidance document, the Food & Drug Administration (FDA) is sweeping aside decades of agency practice on how it determines what is a “medical device” and what is a “drug.” The distinction is a [...]
WLF Video, Paper Assesses Who’s Liable When a “Reprocessed” Medical Device Fails
Posted in Health Care, tagged FDA on January 24, 2012 | Leave a Comment »
On January 20, Washington Legal Foundation released a new Working Paper which details a precedent-setting court decision on medical devices and product liability. Kapps v. Biosense Webster: Who Is Liable When A Reprocessed Medical Device Causes Injury? was authored pro bono by Hollingsworth LLP attorneys Stephen Klein and Andrew Reissaus. Mr. Klein also addressed the issues in the Kapps [...]
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Environmental Law & Regulation, Health Care, Preserving Innovation/Intellectual Property on January 4, 2012 | Leave a Comment »
In mid-trial, judge throws out high-profile Foreign Corrupt Practices Act prosecution (Blog of Legal Times) A top ten list of significant class action rulings in 2011 (Class Action Countermeasures) Have mergers and acquisition-related suits replaced securities fraud cases as preferred class action lawyers’ main focus? (D&O Diary) Another top ten list: the worst drug/medical device [...]
Overlooked Provisions in Appropriations Bill Bring Sunshine to ObamaCare Health Fund
Posted in Government Transparency, Health Care on December 20, 2011 | 1 Comment »
Cross-posted by Forbes.com at WLF Contributor Site For those concerned with the federal government’s desire to influence what Americans choose to eat and drink, one particular provision of the FY 2012 Consolidated Appropriations Act has garnered a fair amount of attention. The provision, § 262 of the Act, affects the Nutrition Principles to Guide Industry Self-Regulatory [...]
Front-of-Package Rating System Government’s Next Tool in “Guiding” Consumers’ Food Choices?
Posted in Commercial Free Speech, Health Care, Regulation of Free Enterprise, tagged FDA, First Amendment, speech on December 12, 2011 | Leave a Comment »
Cross-posted by Forbes.com at WLF’s Contributor Page A recent study by the Institute of Medicine (IOM) has offered the federal government a new way to pass judgment on the food choices of American consumers. The study suggests a visual check-mark system be mandated for the front of food packages where the government can give its thumbs up or [...]
“Voluntary” Food Advertising Principles Raise Legal Questions Under Federal Nutrition Law
Posted in Commercial Free Speech, Health Care, Regulation of Free Enterprise on December 9, 2011 | Leave a Comment »
Cross-posted by Forbes.com at WLF’s Contributor Site The draft Nutrition Principles to Guide Industry Self-Regulatory Efforts on children-directed food marketing (“Nutrition Principles”) have undergone withering criticism from affected businesses, Members of Congress, and interested members of the public. In response, the Interagency Working Group (“IWG”) which issued the draft last April has pledged to make [...]
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Environmental Law & Regulation, Health Care, Preserving Innovation/Intellectual Property on December 2, 2011 | Leave a Comment »
HHS official urges Medicare agency to regulate practice of medicine by punishing providers for off-label prescribing (Washington Post) Challenges to adequacy of counsel in class action cases sometimes pay off (Class Action Countermeasures) Long-term, broader implications of judge’s rejection of settlement between SEC and Citigroup (D&O Diary) Judge hammers federal prosecutors for errors in Foreign [...]
With Par Pharmaceutical Suit, Courts Should Put an End to FDA’s Lawless Behavior on Off-Label Speech
Posted in Commercial Free Speech, Health Care, tagged FDA, First Amendment, speech on November 22, 2011 | Leave a Comment »
Cross-posted by Forbes.com on WLF Contributor Site The Food and Drug Administration has been largely successful in avoiding judicial review of claims that its regulation of drug promotion activities runs afoul of First Amendment constraints. But FDA may well be unable to avoid a merits-based review of First Amendment claims raised in a lawsuit recently [...]
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