E-Commerce Marketplace Liablity

Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021 WL 1608878, … Continue reading

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Update on FDA Guidance Pertaining to COVID Variants

As noted, here’s a brief update pertaining to the new and updated guidance for developers of therapeutics, vaccines, and tests for COVID-19. These guidance outline FDA’s vision of a forward-looking, and flexible approach to the evolving nature of the pandemic. … Continue reading

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Virginia Legalizes Marijuana

Virginia lawmakers approved a bill this past weekend that would legalize the sale and recreational use of marijuana beginning in 2024. The move makes Virginia the first Southern state to vote to legalize recreational marijuana, joining 15 other states and … Continue reading

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FDA Releases New Guidance for Covid-19 Products

At the beginning of this week the FDA unveiled four new and updated guidance targeting vaccines, drugs and biologics, monoclonal antibodies and diagnostic tests. to address the impact of COVID-19 variants on the efficacy and performance of their products. In … Continue reading

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FDA Provides Coronavirus Testing Update

FDA announced that as of last week, 327 tests and sample collection devices are authorized by the FDA under emergency use authorizations (EUAs). These include 243 molecular tests and sample collection devices, 70 antibody tests, and 14 antigen tests. There … Continue reading

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United States Supreme Court Tackles Personal Jurisdiction

Under current United States Supreme Court precedent, for a court to exercise personal jurisdiction over a manufacturer like Ford, the plaintiff must demonstrate that the court has either general or specific jurisdiction. General jurisdiction is only established where the defendant’s … Continue reading

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Coronavirus Solutions Cause Long-Term Changes to Depositions in California

On September 18, 2020, Governor Gavin Newsom (D) signed Senate Bill (“S.B.”) 1146 into law. This act was aimed at amending Sections 1010.6 and 2025.310 of the California Code of Civil Procedure, and to add and repeal Section 599. These … Continue reading

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Data Privacy: More Than Just “The New Black”

Check out Dan Wittenberg’s article on Data Privacy in the Spring 2020 edition of Litigation News – https://www.americanbar.org/groups/litigation/publications/litigation-news/business-litigation/data-privacy-more-just-new-black/ @SWlawnews @abalitigation #cobioscience @cobioscience

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NHTSA Releases Draft Test Procedures for Advanced Driver Assistance Systems

On November 21, 2019, the National Highway Traffic Safety Administration (“NHTSA”) released nine draft test procedures intended to help evaluate certain types of Advanced Driver Assistance Systems (“ADAS”). NHTSA is seeking public comment regarding the adequacy of these test procedures … Continue reading

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Service Contracts Are Not Express Warranties Under the Song-Beverly Consumer Warranty Act

In Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise authorize replacement or restitution as a … Continue reading

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