Center for Food Safety v. Becerra  T. DANIEL LOGAN & JACQUELINE J. CHAN* Why It Made the List Occasionally, important cases are those that maintain, rather than alter, the status quo. This case1 is included in this volume because it does just that: it maintains the voluntary notification procedure, created by the Food and [...]

Federal Trade Commission v. Martin Shkreli  BRYANT GODFREY & TINA PAPAGIANNOPOULOS* Why It Made the List The Federal Trade Commission (FTC) has been investigating and enforcing against potential anticompetitive conduct in the pharmaceutical industry for decades. The complexity of the regulatory framework under the Federal Food, Drug, and Cosmetic Act (FDCA), however, makes antitrust [...]

AMG Capital Management, LLC v. Federal Trade Commission: No Money for You! Supreme Court Holds FTC Cannot Obtain Equitable Monetary Relief Without First Going Through Its Administrative Adjudication Process LYNN C. TYLER* In AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021) (“AMG Capital”), the Supreme Court held that the Federal Trade [...]

Salinero v. Johnson & Johnson et al. GINGER PIGOTT & MICHAEL GOODMAN* Why It Made the List The term “learned intermediary” originated in the Eighth Circuit decision of Sterling Drug, Inc. v. Cornish, 370 F.2d 82 (8th Cir. 1966)1 and today is applied in most U.S. jurisdictions to define the warning obligations for prescription [...]

2021 Cannabis Review and 2022 Outlook: States Will Continue to Lead the Charge, Possibility of Federal Landscape Shift, Plus Other Drugs JONATHAN HAVENS, SETH GITNER & ADAM FAYNE*  Despite federal cannabis reform stalling in 2021, states showed no signs of slowing down in establishing or expanding medical and/or adult-use (i.e., recreational) cannabis programs. At [...]

Bell v. Publix Super Mkts., Inc.  FRANCISCO CABRERA LOPEZ & MITAL PATEL* Why It Made the List Class action litigation over labeling on food products continues unabated as courts across the nation face a steady stream of cases from plaintiffs alleging that they are misled by product labels. Courts are left with the difficult [...]

California Chamber of Commerce v. Becerra AUGUST T. HORVATH*  An aphorism often misattributed to Mark Twain goes, “It ain’t what people don’t know that causes trouble, it’s what they know that ain’t so.” Knowing something that isn’t so (or, at least, isn’t proven) caused trouble for the State of California in its Proposition 65 [...]

Black v. DJO Global, Inc. WILLIAM M. JANSSEN* Why It Made the List One sign that an author has risen from fame to legend is when the author’s works are so widely known and remembered that they shift from stories to symbols, tales to metaphors. Hans Christian Andersen’s The Emperor’s New Clothes is a [...]

Moore v. Trader Joe’s Co. GENNA LIU, RENE BEFURT & REBECCA KIRK FAIR* Why It Made the List What information may be relevant when evaluating whether a reasonable consumer would be misled by a product’s labeling? In Moore v. Trader Joe’s Co., the United States Court of Appeals for the Ninth Circuit reinforced the [...]

Ford Motor Co. v. Montana Eighth Judicial District Court: The Supreme Court Revisits Specific Personal Jurisdiction ANAND AGNESHWAR, ANNA K. THOMPSON & JOCELYN WIESNER* Why It Made the List Last year, the U.S. Supreme Court yet again weighed in on personal jurisdiction. Since 2011, the Court has redefined all-purpose jurisdiction, concluding in no uncertain [...]