» Federal Civil Procedure
U.S. District Court rules that Federal law and FDA Regulation Pre-empt State Law Claims
January 23rd, 2012
In Beatrice Grinage v. Mylan Pharmaceuticals, Inc., Civil No. CCB 11-1436 (D.Md. Dec. 30, 2011), the U.S. District Court for the District of Maryland dismissed plaintiff’s lawsuit on the basis that federal law and FDA regulations pre-empted the plaintiff’s state law claims for negligence, strict products liabili…
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Categories: Federal Civil Procedure
Minimum contacts analysis for personal jurisdiction over foreign components manufacturer
January 23rd, 2012
In Robert Windsor, Jr., et al., v. Spinner Industry Co., Ltd., et al., Civil No. JKB 10-114 (D.Md. Dec. 15, 2011), the U.S. District Court for the District of Maryland analyzed the appropriate standard by which to determine whether a foreign corporation has sufficient minimum contacts in order to assert personal jurisdictio…
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Federal jurisdiction and venue: New Legislation Takes Effect
December 16th, 2011
On December 7, 2011, the President signed into law the Federal Courts Jurisdiction and Venue Clarification Act. 112 P.L. 63. The Act is applicable to all actions filed on or after January 6, 2012. This new law makes small but important changes to the procedure for removal to federal court and clarifies the scope of diversit…
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Categories: Federal Civil Procedure
Twombly Motion Resolves Civil Rights Claim Arising From Suspicion of Shoplifting
October 31st, 2011
Shoplifting can cause retailers to incur costs far greater than simply the value of the items stolen. Even when the store and its employees act in the utmost good faith, someone accused of shoplifting can turn around and sue the store. These suits sometimes include claims of racial discrimination. Until recently, it was dif…
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4th Circuit strictly construes removal deadline where multiple defendants are served
February 8th, 2011
The procedure for removal of a state law claim to federal court is usually simple. After the defendant is served with the complaint, she has 30 days to file a notice of removal, or the case remains in state court. 28 USC sec. 1446. But what if there are multiple defendants who are served with the complaint on different days…
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