April 15, 2021, marked the inaugural enforcement action under the COVID-19 Consumer Protection Act (the Act). The Federal Trade Commission (FTC) and Department of Justice’s Consumer Protection Branch (CPB) requested relief for misleading marketing. Passed in December 2020, the Act…

In West Virginia’s Southern District, a major opioid-related MDL bellwether trial recently began. Several WV local governments brought the initial action against drugmakers AmerisourceBergen Drug Co., Cardinal Health Inc., and McKesson Corp. The complaint alleges the defendants played an integral…

Exculpatory clauses in contracts are used to limit or extinguish the liability of one party whose negligence caused another’s injuries. These clauses, which can take the form of waivers, assumption of risk agreements, indemnity clauses, and others, relinquish one’s right…