Products Liability

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Total news: 110
Last news: February 20, 2008 22:05:00

The Supreme Court made it harder for consumers to sue manufacturers of federally-approved medical devices when it ruled in Riegel v. Medtronic that many state common law claims are preempted by federal law. Riegel was injured when a balloon catheter... - [Read more]

Berrier v. Simplicity Manufacturing, Inc., No: 05-3621 (3d Cir. Jan. 17, 2008), arose out of injuries sustained by a four-year-old Ashley Berrier when her grandfather inadvertently backed over her foot while mowing his lawn with a riding mower manufactured by... - [Read more]

The latest issue of Legal Update, the Tobacco Control Legal Consortium newsletter, is now available at www.tclconline.org. The issue includes the Legal Consortium’s most recent law synopsis, Light Cigarette Lawsuits in the United States: 2007, an overview of light cigarette... - [Read more]

In yet another case, a court has ruled that a failure to warn claim regarding a Class III medical device is preempted by the FDAs approval of the product for sale. In Mathis v. E.I. dupont De Nemours & Co.,... - [Read more]

A New York Times article by Jake Hooker and Walt Bogdanich Shanghai Hualian, a large Chinese state-owned pharmaceutical company that exported drugs to dozens of countries, including the U.S., has been the subject of a national drug scandal in China... - [Read more]

In an opinion issued today the Oregon Supreme Court reaffirmed a $79.5 million punitive damages award in Williams v. Philip Morris Inc., following remand by the Supreme Court in Philip Morris USA v. Williams, 127 S.Ct. 1057 (2007). This is... - [Read more]

Dr. Gail Charnley is being considered as a potential replacement for Consumer Product Safety Commission chairman Nancy A. Nord, as noted in an earlier post. A short post doesnt give a full sense of qualifications. A full cv is attached... - [Read more]

A federal trial court in Okalahoma has concluded that a the claim of a widow, whose husband committed suicide while taking an anti-depressant medication, is preempted by federal law, Dobbs v. Wyeth Pharmaceuticals, 2008 WL 169021 (W.D. Okla.). Annabel Dobbs... - [Read more]

The New York Court of Appeals will hear arguments in February in Ramos v. Howard Industries, Inc., to consider a manufacturers burden of proof to establish in a motion for summary judgment that its product was not flawed or defectively... - [Read more]

Annys Shin reported in the Washington Post Saturday that the White House is considering Gail Charnley to replace Nancy A. Nord as chairman of the Consumer Product Safety Commission. Charnley, who has a doctorate in toxicology from MIT, has a... - [Read more]

Gardiner Harris writes in todays New York Times that The FDA is now requiring drug companies to study closely the impact of the drugs on patients during clinical trials, and that "[t]he new rules represent one of the most profound... - [Read more]

A Minnesota DIstrict Court dismissed a wrongful death action brought by the family of a former industrial worker against the makers of benzene-containing products to which he was allegedly exposed in his workplace. OSHA regulations that govern warning and labeling... - [Read more]

There are two new articles covering preemption in products liability cases that should be of particular interest in light of the Supreme Courts decision last week to grant review in two preemption cases. Professor Catherine M. Sharkey of the New... - [Read more]

The Supreme Court granted review on January 18 in Wyeth v. Levine, --- S.Ct. ----, 75 USLW 3500, 76 USLW 3018 (U.S.Vt. Jan 18, 2008) (NO. 06-1249) of the Vermont Supreme Courts decision in Levine v. Wyeth, --- A.2d ----,... - [Read more]

The Supreme Court granted review today in Altria Group v. Good. The plaintiffs in the case alleged that they smoked Marlboro Lights for at least fifteen years. They sued Philip Morris USA, Inc. and its parent company, Altria Group, Inc.,... - [Read more]