Tauber, Andrew

How to Argue Medical Device Preemption

Fri, 16 Nov 2012 22:17:56 GMT

A bylined article by Litigation & Dispute Resolution partner Andrew Tauber and associate Brian Wong (both Washington, DC) explains how to argue medical device preemption and discusses best practices and pitfalls to avoid.

Medtronic Preemption Case Turned Away By Supreme Court

Thu, 04 Oct 2012 21:54:38 GMT

Litigation & Dispute Resolution partner Andy Tauber (Washington, DC) is quoted in an article reporting that the Supreme Court declined to take up a challenge to the Fourth Circuit's finding that malfunctioning medical devices are in violation of federal law only if they do not meet performance standards established by the US Food and Drug Administration.

US Supreme Court Grants Certiorari in Three Cases Affecting Employers

Wed, 27 Jun 2012 19:54:51 GMT

As the Supreme Court looks ahead to its next term, the Court granted certiorari in three cases of particular significance to employers. In these cases, the Court will address the impact of offers of judgment on federal wage and hour collective actions, the scope of vicarious liability for acts of supervisors under Title VII, and the type of equitable relief available to plan fiduciaries regarding the enforcement of reimbursement provisions.

US Supreme Court Issues Opinion in Christopher v. Smithkline Beecham Corp.

Mon, 18 Jun 2012 21:56:33 GMT

The outside-sales exemption of the Fair Labor Standards Act (“FLSA”) provides that an individual who is employed “in the capacity of outside salesman” is not entitled to overtime pay. See 29 U.S.C. § 207(a)(1); 29 U.S.C. § 213(a)(1).

US Supreme Court Issues Opinion in Southern Union Co. v. United States

Fri, 22 Jun 2012 19:14:48 GMT

In Apprendi v. New Jersey, 530 U.S. 466 (2000), the Supreme Court held that under the Sixth Amendment “any fact,” other than the fact of a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum “must be submitted to a jury, and proved beyond a reasonable doubt.” Id. at 490. On June 21, 2012, in Southern Union Co. v. United States, No. 11-94, the Supreme Court ruled that this constitutional right extends to criminal fines.