Amarin V FDA: Are Judges Really Equipped to Resolve Scientific Disputes?

August was a rough month for the Food and Drug Administration. On August 7, a federal judge in New York entered a preliminary injunction in Amarin Pharma, Inc.’s lawsuit against the FDA, holding that the FDA could not prevent a drug manufacturer from marketing its drug for uses that haven’t been approved by the FDA, so long as the marketing was “truthful,” a loaded word we’ll get to in a moment.

Ohio Supreme Court Rules Class Cannot Be Certified Without Actual Damages Under Ohio’s Consumer Sales Practice Act

Ohio Supreme Court Rules Class Cannot Be Certified Without Actual Damages Under Ohio’s Consumer Sales Practice Act

In a ruling yesterday in Felix v. Ganley Chevrolet, Inc., No. 2013-1746, 2015 WL 5039233 (Aug. 27, 2015), the Ohio Supreme Court held that a class action cannot be certified where the plaintiff cannot demonstrate, through common evidence, that all putative class members incurred damages resulting from the defendant’s alleged conduct.