The Shifting Landscape of Marijuana Law

Trial attorneys are somewhat like first responders, meaning that it is frequently only after a lawsuit has been filed and litigated that lawmakers step in to enact statutes and regulations governing the subject activity or conduct. This is apparent in the nascent cannabis industry. A prime example is the recent line of cases dealing with competing land use rights of marijuana growers and their neighbors. In Momtazi Family, LLC v. Wagner, Et Al.[i],  pending in the Eastern District of Oregon, the parties are…
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A Deep(er) Dive into Allegations Brought Against CBD Companies: Part II

In our last article, we discussed the potential for litigation faced by CBD companies and analyzed a court’s handling of claims regarding fraudulent inducement. Today, we turn to that scary claim of RICO, or the Racketeer Influenced and Corrupt Organizations Act. For most, this term conjures images of mafia prosecutions. The federal government trying to bring down organized crime with wiretaps and FBI agents raiding social clubs as depicted in various movies. However, the RICO statute is also applied in civil litigation. We will address…
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A Deep(er) Dive into Allegations Brought Against CBD Companies: Part I

With the continued growth of the cannabis industry, we have seen a growing prevalence of litigation across various venues and with varied claims. We previously discussed the potential for products liability class actions related to the vaping crisis as well as conducted a topical exam of potential litigation that could face the section of the industry focused on CBD. This is illustrated when taking a deeper dive into the claims being brought against those creating, manufacturing and distributing hemp-derived CBD products. If you are operating…
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Cannabis Litigation: Where Are We Headed and What Have We Seen to Date

The cannabis industry is booming, including CBD companies, vaping companies, THC products, oils, hemp producers, manufacturers and so on. By all estimates, overall sales within the legalized United States cannabis industry are expected to reach $13.6 billion by the end 2019. That’s a 32 percent increase over 2018 totals that reached $10.3 billion. Total sales are expected to reach approximately $30 billion by 2025. So what does that mean? In addition to helping the industry continue transitioning into “normal” commerce, the amount of money being…
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California Bill Aims to Ban Cosmetics That Includes Certain Ingredients

After banning sales of animal-tested cosmetics, California is now considering a law that bans cosmetic products with ingredients that the State of California determines are “poisonous” or are “deleterious substance[s] that may render it injurious to users when used as directed.” According to proposed Section 111673 of the Health and Safety Code, a cosmetic would be deemed “adulterated” if any of the listed ingredients were “intentionally added” to the cosmetic. The ingredients in the proposed bill include asbestos, lead, dibutyl phthalate, diethylhexyl phthalate, formaldehyde,…
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Litigation is the Pits – Claim Dismissed for Injuries Caused by Natural Food Substance

“A lady bit down on a pit in an olive …” may sound like the opening line to a bad joke, but the defendant she sued for her injuries with the help of an injury lawyer from http://www.braininjurylawyersorangecounty.com/ appears to have had the last laugh. The plaintiff filed a personal injury claim with the help of a personal injury attorney from www.kwdllp.com/workplace-accidents/ against the defendant in California state court for products liability and pursued theories of strict liability, negligence and breach of an express written…
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Which Gate Do I Enter? Expert Admissibility Standards Far From Uniform

  In August, the New Jersey Supreme Court released its opinion in In Re: Accutane Litigation, which as fans of expert-admissibility standards will know essentially moved New Jersey into the column of states that apply a Daubert-based test, rather an a Frye-based test, in evaluating the admissibility of scientific and expert testimony. For anyone who has not yet seen the opinion, a copy can be found here. (Note – it is lengthy, so get a full cup of coffee before you sit…
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Daily Changes Across the Cannabis Legal Landscape

At this point, it should be no surprise to anyone that on a daily basis, the legal landscape of Cannabis law changes and this gives companies like Magnolia Wellness to come up with products involving cannabis extracts which benefits people in a significant way.  Zoning issues, licensing and potential medical conditions that can utilize cannabis for treatment are just some of the areas that face consistent legal scrutiny.  Below are just a few examples of some of the changes that have occurred in various states…
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Superior Court of Pennsylvania Issues Ruling Addressing Multiple Issues in Pharmaceutical Case

In an opinion filed January 8, 2018, Pennsylvania’s intermediate appellate court addressed multiple issues arising after a plaintiff’s verdict in a case from the In Re: Risperdal Litigation. The issues the court addressed are discussed below. Initially, the court, citing Frye, reiterated that in Pennsylvania, a party wishing to introduce novel scientific evidence must demonstrate that the relevant scientific community has reached general acceptance of the principles and methodology employed by the expert witness to testify regarding his conclusions. However, the conclusions themselves…
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Third Defense Verdict in Xarelto Litigation

On Friday, August 18, 2017, a federal jury in Mississippi rendered a defense verdict in favor of Janssen Pharmaceuticals, Inc. and Bayer HealthCare Pharmaceuticals, Inc. in a bellwether trial involving the prescription blood thinner Xarelto. The plaintiff alleged Xarelto caused gastrointestinal bleeding resulting in her hospitalization. Federal District Court Judge Eldon E. Fallon presided over the case. Notwithstanding the claims and evidence presented by the plaintiff, a jury returned what is now the third straight defense verdict for Janssen and Bayer in several bellwether trials…
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