Products Liability Prof Blogtag:typepad.com,2003:weblog-2583442009-07-11T03:30:13ZA Member of the Law Professor Blogs NetworkTypePad
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ProductsLiabilityProfBloghttp://feedburner.google.comTaking stock of the last 20 years of product liability lawtag:typepad.com,2003:post-6a00d8341bfae553ef011570fe40b8970c2009-07-10T23:30:13-04:002009-07-11T03:30:13Z2009-07-11T03:30:13ZThe popular Drug and Device Law blog posted a piece yesterday where they reviewed the developments in product liability law for the last few decades and graded them in relation to help to their corporate clients. It is a nice...productsprofGM Product Liability Plaintiffs Better Off Than Secured Creditorstag:typepad.com,2003:post-6a00d8341bfae553ef011571a1d5b9970b2009-07-02T10:07:09-04:002009-07-02T14:10:16Z2009-07-02T14:07:09ZGeneral Motors Corporation has agreed to assume responsibility for all future liability claims filed after the automaker emerges from bankruptcy, regardless of when the vehicle was made. GM had planned to include its product liability claims with its bad assets...productsprofContinuous Infusion Pain Pump Case Dismissedtag:typepad.com,2003:post-6a00d8341bfae553ef0115709320a2970c2009-06-29T14:05:05-04:002009-06-29T18:06:59Z2009-06-29T18:05:05ZJudge K. Michael Moore of the United States District Court for the Southern District of Florida granted summary judgment for the defendant in Kilpatrick v. Breg, Inc.: Download Kilpatrick - Order for SJ, one of about 200 continuous infusion pain...productsprofPost-Sale Duties Updatetag:typepad.com,2003:post-6a00d8341bfae553ef01157091c913970c2009-06-29T10:13:23-04:002009-06-29T17:58:39Z2009-06-29T14:13:23ZAn article in the most recent issue (74:3) of the Brooklyn Law Review by Ken Ross and J. David Prince provides an overview of the post-sale duty sections of the Restatement (Third) of Torts: Products Liability. The article discusses the...productsprofThe End of Preemption Preambles?tag:typepad.com,2003:post-671174512009-05-21T14:43:53-04:002009-05-21T18:43:53Z2009-05-21T18:43:53ZYesterday, President Obama issued a memorandum calling for a rollback of Bush Administration regulations that included claims, often in the form of a preamble to a set of agency regulations, that the federal agency's regulations preempted state law. Obama's memo...productsprofNew York Court of Appeals and Delegation of Safety Choices to Employerstag:typepad.com,2003:post-664715832009-05-06T17:07:52-04:002009-05-06T21:07:52Z2009-05-06T21:07:52ZIn Passante v. Agway Consumer Products, Inc., decided on May 5, the New York Court of Appeals considered a products liability case in which the plaintiff's employer, given a choice in product selection, selected a product without a safety device...productsprofAttorneys Highlight Problems Created by the Consumer Product Safety Improvement Acttag:typepad.com,2003:post-658459372009-04-22T00:45:53-04:002009-04-22T04:45:53Z2009-04-22T04:45:53ZA National Law Journal article by Marcia Coyle focuses on the continuing debate over the Consumer Product Safety Improvement Act, focusing this time on the difficulties attorneys have in advising their business clients about the impact of the Act. Ken...productsprofState Food Inspections Vary Significantlytag:typepad.com,2003:post-657912612009-04-21T00:14:15-04:002009-04-21T04:15:08Z2009-04-21T04:14:15ZA New York Times article by Gardiner Harris points out the significant variances in state food inspection. The article notes that while Congress and the Obama administration have noted the need for new food production rules and more inspections, less...productsprofMega Brands America agrees to $1.1 Million Civil Penalty Arising from Dangers in Magnetic Building Setstag:typepad.com,2003:post-655172072009-04-15T17:26:12-04:002009-04-15T21:26:12Z2009-04-15T21:26:12ZThe Consumer Product Safety Commission announced in an April 14 releasethat Mega Brands America has agreed to pay a $1.1 million civil penalty, which the Commission has provisionally accepted, to settle allegations that Mega Brands America, formerly Rose Art Industries,...productsprofFDA Update on the Pistachio Recalltag:typepad.com,2003:post-652782072009-04-09T14:58:14-04:002009-04-09T18:58:14Z2009-04-09T18:58:14ZThe FDA's "In the spotlight" focuses on the recent pistachio recall. The FDA and California Department of Health are continuing their investigation of salmonella contamination in pistachios and pistachio products. Setton Pistachio, Terra Bella, Calif., is voluntarily expanding its recall...productsprofConsumer Product Safety Commission Announces $1,055,00 Civil Penalty tag:typepad.com,2003:post-652727612009-04-09T12:28:06-04:002009-04-09T16:28:06Z2009-04-09T16:28:06ZThe U.S. Consumer Product Safety Commission (CPSC) announced in aTuesday release that 14 firms have agreed to pay a total of $1,055,000 in civil penalties to "settle allegations that the firms knowingly failed to report to the CPSC immediately, as...productsprofNINTH CIRCUIT CERTIFIES STATUTE OF LIMITATIONS ISSUE TO CALIFORNIA SUPREME COURTtag:typepad.com,2003:post-652435752009-04-08T17:29:36-04:002009-04-08T21:29:36Z2009-04-08T21:29:36ZIn Pooshs v. Phillip Morris USA, Inc., ___ F.3d ___ (9th Cir. April 1, 2009), Nikki Pooshs brought suit against the defendants based upon her terminal lung cancer, alleging a variety of theories, including "(1) negligence; (2) product liability; (3)...productsprofFifth Circuit Applies Texas Learned Intermediary Law to Bar Recovery in Ebel v. Eli Lilly & Co.tag:typepad.com,2003:post-650397872009-04-03T11:36:50-04:002009-04-03T15:36:50Z2009-04-03T15:36:50ZIn Ebel v. Eli Lilly & Co., ___ F.3d ___ (5th Cir. March 30, 2009), the Fifth Circuit in a per curiam opinion applied the learned intermediary defense to bar recovery in a wrongful death action arising out of Philip...productsprofSupreme Court Dismisses Writ of Certiorari in Philip Morris USA, Inc. v. Williams tag:typepad.com,2003:post-649756132009-04-01T23:41:07-04:002009-04-02T03:41:07Z2009-04-02T03:41:07ZOn March 31 the Supreme Cout of the United States dismissed the writ of certiorari as impovidently granted in Philip Morris USA Inc. v. Williams. The dismissal means that the $79.5 million punitive damages award affirmed by the Oregon Supreme...productsprofNothing Related to Products Liabilitytag:typepad.com,2003:post-642307852009-03-16T17:37:33-04:002009-04-02T18:12:59Z2009-03-16T21:37:33ZBut Professor Anthony Varnoa at American University asked nicely, so here is the announcement of their conference and call for papers: LatCrit XIV: Fourteenth Annual LatCrit Conference CALL FOR PAPERS & PANELS OUTSIDERS INSIDE: CRITICAL OUTSIDER THEORY AND PRAXIS IN...productsprofSupreme Court Finds No Preemption in Wyeth v. Levinetag:typepad.com,2003:post-636472972009-03-04T15:48:40-05:002009-03-04T20:48:40Z2009-03-04T20:48:40ZIn a much-anticipated decision released today, the U.S. Supreme Court ruled that state common law product liability claims against prescription drug manufacturers are not preempted by the federal Food & Drug Administration's approval for marketing of the drug and its...productsprofFlorida Jury Awards $8,000,000 against Philip Morris USAtag:typepad.com,2003:post-630677292009-02-19T13:20:01-05:002009-02-19T18:20:01Z2009-02-19T18:20:01ZA Miami Herald article today by Patrick Danner notes that a Florida jury in the Hess case, part of a long-running series of product liability claims in that state against cigarette manufacturers, and noted on February 13 on this blog,...productsprofWisconsin Supreme Court Rules Product Liability Claim Against Device Manufacturer Preemptedtag:typepad.com,2003:post-630274032009-02-18T15:26:05-05:002009-02-18T20:26:05Z2009-02-18T20:26:05ZThe Wisconsin Supreme Court ruled yesterday that state law tort claims against the manufacturer of an FDA-approved medical device are preempted. In Blunt v. Medtronic, 2009 WL 367768 (Wis., 2-17-09), the Wisconsin court concluded that the U.S. Supreme Court's ruling...productsprofFlorida Jury: Smoker Was Addictedtag:typepad.com,2003:post-628114972009-02-13T12:25:15-05:002009-02-13T17:25:15Z2009-02-13T17:25:15ZIn the latest chapter in the long-running Engle tobacco litigation saga that began in 1994, a Florida jury has found that Stuart Hess, a 40-year chain smoker who died in 1997, was helplessly addicted to nicotine as a result of...productsprofCPSIA Activity for this week - it went from bad to worsetag:typepad.com,2003:post-624581972009-02-05T22:16:17-05:002009-02-06T03:16:17Z2009-02-06T03:16:17ZThis was an active week regarding CPSIA implementation (or non-implementation). Last Friday, as my last blog summarized, the CPSC approved a stay of certain testing and certification requirements. Then on Tuesday, they issued a ballot for another stay, this time...productsprof