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New Filings
  • Federal law preempts state-law tort suits against drug manufacturers for failure to warn of product dangers if the federal Food and Drug Administration has determined that the manufacturer should not include the proposed warning on its product label (Merck Sharpe & Dohme Corp. v. Albrecht).
  • The California Supreme Court should not authorize the certification of class actions if the plaintiff has not demonstrated a means of ascertaining the identity of absent class members (Noel v. Thrifty Payless, Inc.).
  • A private relator does not state a cause of action for defrauding the federal government under the federal False Claims Act if he cannot demonstrate that any false statements by a government contractor were “material” to the government’s decision to pay a claim (U.S. ex rel. Ruckh v. Salus Rehabilitation, LLC).
  • The U.S. Fish and Wildlife Service should calculate (and report to the public) the economic impact of any decision to list a species as endangered or threatened under the Endangered Species Act (In re Endangered Species Act Listings).