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The effect of a physician’s decision to deviate from the pharmaceutical company’s dosage instructions contained in a drug’s FDA approved package insert has been a recurring issue in medical malpractice litigation with many claimants contending that any deviation from the manufacturer’s instructions constitutes malpractice. In a recent case the Louisiana Fourth Circuit has now specifically…

Trying to follow the constant stream of press releases, government and EU consultations, guidance and debate regarding hydraulic fracturing (also referred to as “fracking”) can be tricky, but the issue in the UK remains as topical as ever.

Fit to Frack Report

The BBC reported on 13 March 2014 that research commissioned by leading wildlife…

If you have a Superfund cleanup obligation, you may want to collect on insurance (if you have any) and also to seek contribution from others responsible for the Site.  What happens to the contribution claim when you collect on the insurance?  In most Superfund matters, the parties have simply ignored insurance recoveries.  However, in those…

In its second advisory opinion of the year, issued February 12, 2014, the U.S. Department of Health & Human Services, Office of Inspector General (OIG) determined that it would not impose sanctions pursuant to the anti-kickback statute or civil monetary penalty law on a proposed arrangement involving a licensed offeror of Medicare supplemental health insurance…

As EPA continues to develop its policy on global climate change, significant questions remain as to the extent of the regulatory burdens that will be imposed on public utilities and private industry under the Clean Water Act (CWA) to address the predicted effects of global climate change on future weather patterns.  For years now, environmental…

In Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (filed January 28, 2014) (“Protect Agricultural Land”), the Fifth District Court of Appeal affirmed judgment on the pleadings in favor of the Stanislaus County Local Agency Formation Commission (“LAFCO”), and squarely held that all “lawsuits seeking to set aside a LAFCO approval of an…

On January 22, 2014, the European Commission published its Communication and Recommendation on Shale Gas.  The documents finally published are essentially the same as the draft versions that we reported in our blog post of January 17, 2014 and only introduce minor changes.

Among other things, the Recommendation now confirms that it “neither implies that…