To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a federal question, or an issue that involves subject matter that only the federal court can decide. Separate and distinct from subject matter jurisdiction is the court’s inquiry into personal jurisdiction.
Magda Patitsas
Magda has extensive experience in complex product liability litigation defending manufactures of talc products, consumer products, medical devices, and mechanical devices in state and federal courts. She handles product liability, personal injury and premises liability cases including multi-district litigation, class actions and individual product defense. As national coordinating counsel in widespread toxic tort litigation, Magda works with a network of internal and external counsel and experts to achieve clients' business objectives through the optimal litigation strategy.
MoCRA: What’s on the horizon for PFAS?
By Magda Patitsas, Dominique Savinelli & Jen Dlugosz on
This article is one of a series of posts diving into each aspect of The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) as the industry awaits MoCRA’s full implementation. This installment focuses on MoCRA’s approach to the regulation of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in cosmetic products.
0.005% of National Revenue from Philadelphia County Held Sufficient to Support Venue
By Magda Patitsas, Brandan Mueller & Thomas Cocchi on
Posted in Product Liability, Product Safety
Philadelphia County has long been a preferred forum for plaintiffs’ bar in Pennsylvania. Until last week, a motion to dismiss for improper venue under Pa. R. Civ. P. 1028(a)(1) was a tool at the disposal of any corporate defendant improperly entangled into Philadelphia County litigation. However, the Pennsylvania Supreme Court’s decision in Hangey v. Husqvarna, 14 EAP 2022 (Pa. Nov. 22, 2023, Dougherty, J.) may have effectively foreclosed improper venue dismissal except for those defendants who conduct no business in Philadelphia County whatsoever.
MoCRA: Talc Testing and Sample Preparation Requirements
By Magda Patitsas, Jen Dlugosz & Seth Mailhot on
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in a continuing series of posts diving into each aspect of MoCRA, covers the talc testing and sample preparation requirements which will be established by the FDA under MoCRA.
MoCRA: FDA Draft Guidance on Facility Registration and Product Listing
By Magda Patitsas, Seth Mailhot & Paula Pastuskovas on
As we previously discussed, MoCRA requires cosmetic product manufacturer and processors to register their facilities with the U.S. Food and Drug Administration (FDA). On August 7, 2023, FDA announced that it had published a draft guidance on cosmetic product facility registration and product listings, as required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The draft guidance intends to help the industry by providing relevant requirements and definitions, explaining who is responsible for making submissions, what details to include, and how and when to make the submissions. It also provides information on exemptions, such as those for certain small businesses.
MoCRA: Updates to FDA Safety Substantiation Requirements
By Magda Patitsas, Jen Dlugosz & Seth Mailhot on
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in our continuing series of posts diving into each aspect of MoCRA, covers the process for substantiating safety of cosmetic products.
MoCRA: Good Manufacturing Practices – Why Should You Care?
By Magda Patitsas, Jen Dlugosz & Seth Mailhot on
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each aspect of MoCRA as we await its full implementation. We will focus on MoCRA’s mandate requiring the Federal Drug Administration (FDA) to establish Good Manufacturing Practices (“GMP”) that the cosmetic industry will have to follow going forward.
MoCRA: Facility Registration and Product Listing – Where to Begin?
By Magda Patitsas, Jen Dlugosz & Seth Mailhot on
As deadlines approach for cosmetic manufactures to comply with all requirements of MoCRA, there might be some worry on where to start. Husch Blackwell’s chapter by chapter breakdown of MoCRA provides guidance on where to begin. This chapter discusses the requirements of facility registration and product listing with compliance due date of July 1, 2024.
MoCRA: Is My Product a “Cosmetic” and Who Is My “Responsible Person”?
By Magda Patitsas, Jen Dlugosz & Seth Mailhot on
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each aspect of MoCRA as we await its full implementation. To begin, we will discuss whether MoCRA applies to your product and, if so, which entity should serve as the responsible person for ongoing compliance.
MoCRA: A New Era in the Regulation of Cosmetic Products
By Magda Patitsas, Jen Dlugosz & Seth Mailhot on