Medtronic’s Preemption Win in the 10th Circuit – With An Interesting Twist

The Tenth Circuit issued an opinion on Tuesday, finding that state law claims asserted against Medtronic, manufacturer of the InFuse bone growth stimulator were preempted by FDA approval of the medical device under the Medical Device Act (“MDA”). Plaintiff in the case alleged that Medtronic representatives promoted an off-label, posterior surgical approach for the device,



CenturyLink, AT&T Join fight against FCC over Broadband Reclassification

Telecommunications giant, CenturyLink filed a lawsuit in the U.S. Court of Appeals for the D.C. Circuit on Friday, April 17th, joining AT&T and 5 other companies and trade groups fighting the February change of Federal Communications Commission (FCC) rules on net neutrality. The new rules, which were officially published last week into the Federal Register,


Law Firms must Improve Data Security Status-quo

As the world continues to revolve/evolve around the internet as well as devices that make access to information instantaneous and continuous, major hacks and data leaks are happening with a greater degree of frequency. Some breaches in data security, such as the Wikileaks and Edward Snowden-NSA disclosures, and even to a lesser extent, the Sony


3rd Circuit Walmart Gun Case Reversal a Win for Management

Walmart won a major battle for self-determination in its business operations on Tuesday, April 14th, when the 3rd Circuit Court of Appeals overturned a District of Delaware November, 2014 ruling that could have potentially restricted gun and ammunition sales based on the desires of certain shareholders. The fast-tracked appeal was resolved before the Thursday, April



7th Circuit Rules ‘No Smoking Gun’ in Text Message Antitrust Suit

On Thursday, April 9th, 7th Circuit Appeals Judge, Richard Posner, dismissed a longstanding class-action lawsuit against four major mobile service providers: Verizon, T-mobile, Sprint, and AT&T, who were accused of violating the Sherman Antitrust Act by coordinating a rate increase on text messaging. The origins of the case, which began as a series of over



NHTSA Chief may Re-open Fiat-Chrysler Gas Tank Investigation

National Highway Transportation Safety Administration (NHTSA) Administrator, Mark Rosekind, has indicated that the nation’s top automotive regulator may take a more aggressive stance toward Fiat-Chrysler following a massive $150 million judgment against the company over the burning death of 4 year-old Remi Walden due to an exploding gas tank on his Aunt’s 1999 Jeep Grand


Amazon Lawsuit a Warning Shot for Fake Review Peddlers

Amazon has been a pioneering company in a number of respects, from becoming the world’s largest online retailer to introducing cloud computing technology to the masses, and 20 years ago, when they implemented the user product review. On Wednesday, April 8th, the company took major strides in protecting the integrity of the review process when