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Appellate Law

Poking Holes in Pliva v. Mensing: Are Failure to Timely Update Label Claims Cognizable?

In Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the United States Supreme Court held that state law failure to warn claims against manufacturers of generic pharmaceutical products were impliedly pre-empted by federal law because FDA regulations preclude generic manufacturers from including...

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Intellectual Property

Copyright Disputes in the Digital Age

Editor: Please summarize the legal issues pertaining to copyright infringement claims arising from work that a plaintiff alleges was accessed via the Internet. Faber: In order to prevail on a claim for copyright infringement, a plaintiff must establish both ownership of a valid copyright and...

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Appellate Law

Unanimous Supreme Court Finds Time Spent for Security Screenings Is Not Compensable

On December 9, 2014, the U.S. Supreme Court issued a unanimous decision providing significant guidance as to what constitutes compensable work under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act. The case, Integrity Solutions, Inc. v. Busk, involved a contractor to Amazon...

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