Bi-weekly food and beverage, health, and drug law case summaries from
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FDA and Health News
Digest for Week of January 26th, 2017

FDA and Health Case Summaries

Case Summaries:

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Kabran v. Sharp Memorial Hosp.

January 19, 2017
Civil Procedure, Evidence, Health Law, Injury & Tort Law
(Supreme Court of California) - In a suit against a hospital, alleging plaintiff was mishandled by an occupational therapist which caused spinal shock and bleeding and in turn caused plaintiff's deterioration into quadriplegia and death, the Court of Appeals judgment upholding the trial court's grant of plaintiff's motion for a new trial, which contained expert affidavits explaining the significance of autopsy evidence, is affirmed where: 1) Code of Civil Procedure section 659a does not deprive a court of fundamental jurisdiction to consider affidavits submitted after the 30-day deadline set forth in the statute; and 2) because the hospital did not object to the timeliness of the affidavits in the trial court, it may not raise this issue for the first time on appeal.
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State of Missouri ex rel. Koster v. Harris

January 17, 2017
Health Law, Agriculture, Government Law
(United States Ninth Circuit) - In a suit filed six states seeking to block enforcement of California laws and regulations prescribing standards for the conditions under which chickens must be kept in order for their eggs to be sold in the state, the district court's dismissal for lack of parens patriae standing is affirmed where: 1) plaintiffs failed to articulate an interest apart from the interests of private egg producers, who could have filed an action on their own behalf; 2) the allegations about potential economic effects of the challenged laws, after implementation, were necessarily speculative; and 3) the allegations of discrimination were misplaced because the laws do not distinguish among eggs based on their state of origin.
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Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control App. Bd.

January 17, 2017
Administrative Law
(California Court of Appeal) - In a petition for writ of review challenging the Department of Alcoholic Beverage Control's 15-day suspension of an off-sale general license held by a CVS Pharmacy Store after an administrative law judge found the store clerk sold alcohol to a minor decoy, the Alcohol Beverage Control Appeals Board's reversal of the suspension based on California Code of Regulations, title 4, section 141 (Rule 141) that allows a law enforcement agency to use an underage decoy only in a fashion that promotes fairness, is annulled where: 1) Rule 141 is not ambiguous in requiring minor decoys to answer truthfully only questions about their ages; 2) substantial evidence supports the administrative law judge's factual finding that the decoy was not questioned about his age; and 3) Rule 141 does not provide CVS with a defense to the accusation it sold an alcoholic beverage to an underage buyer.
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