News & Analysis as of

Civil Procedure Products Liability Personal Injury

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Smoke Screens & Side Shows

by Reed Smith on

We confess, we can’t think of any good reason for admitting evidence concerning product risks that the plaintiff in a particular case never actually encountered – yet plaintiffs try it with a straight face all the time. It’s...more

The Supreme Court Addresses Legal Fee Calculations for Discovery Abuse

by Reed Smith on

Charges of discovery abuse get thrown around frequently in product liability litigation. We have not done a scientific survey, but we guess that such charges are levied against the manufacturer defendants more often than...more

WDNY Holds that Tysabri Warnings are Adequate as Matter of Law and that Product Liability Claims are Preempted

by Reed Smith on

However a drug/device product liability is styled, it will almost always be focused on a claim of failure to warn. Why do plaintiffs insist on inserting a cause of action for manufacturing liability when there is not a whiff...more

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

Vast – Or at Least Half-Vast – Conspiracy Claim Dismissed

by Reed Smith on

Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA officials, President Obama, Robert Mercer (noted Trump supporter and...more

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Medical Device Manufacturers’ Duty to Warn Expands

The Washington State Supreme Court recently released its decision in Taylor v. Intuitive Surgical, Inc. where it held that Washington law requires medical device manufacturers to warn hospitals that purchase their products of...more

Another Step Toward Reasonable Preemption Case Law

by Morrison & Foerster LLP on

Last month, the Sixth Circuit affirmed a complete defense verdict for Abbott Laboratories Inc. which was based in part on branded drug preemption. Rheinfrank v. Abbott Laboratories Inc., Case No. 16-3347, 2017 WL 680349 (6th...more

Does Buckman Preemption Apply to Antitrust and RICO Claims?

by Reed Smith on

We talk a lot on this blog about Buckman preemption. That isn’t just out of pride regarding Bexis’s role in the bone screw litigation that led up to the Buckman decision. The principle in Buckman is important. What happened...more

Eleventh Circuit Affirms A Very Unhappy Unverdict Against Hip Manufacturer

by Reed Smith on

A funny thing happened on the way to a defense verdict last year—after the jury decided that the defendant’s product was not defective, the MDL judge told the jurors that perhaps they did not “fully understand” and instructed...more

Product Liability Update: February 2017

California Courts Reject Speculative Evidence of Exposure to Asbestos from Contaminated Talc. In a new wave of asbestos-related personal injury litigation, plaintiffs allege that they were exposed to talc-containing products...more

Pay Back to Big Corporations — Unneeded Laws

It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor. Such is the result of House bill H.R. 985, which they have...more

Spoiler Alert: Florida Appellate Court Upholds PMA Preemption and Rejects Parallel Claim

by Reed Smith on

Over the years, comedian Adam Carolla has played the “Germany or Florida” game on his various radio and tv programs and podcasts. The game is based on the observation that many of the most bizarre stories of human ineptitude...more

Judge Kicks Benicar Claims

Benicar is used to treat high blood pressure. In June 2015, numerous plaintiffs sued the manufacturer of Benicar, Daiichi Sankyo, Inc. and Forest Laboratories LLC in the St. Louis Circuit Court. Plaintiffs alleged injuries...more

Fourth Circuit Vigorously Applies Daubert

by Reed Smith on

Last week three of our posts dealt with Daubert issues. That was not intentional. Chalk it up to coincidence. Or was it? We are not especially superstitious, but maybe the passing last week of the great “Professor” Irwin...more

Limits to Admitting Evidence of Other Accidents In A Products Case

by Miles & Stockbridge P.C. on

The United States District Court for the District of Maryland recently filed an opinion in a products liability case clarifying the admissibility of certain types of evidence common to product liability cases. Callahan v....more

Product Liability Update: January 2017

by Foley Hoag LLP on

Massachusetts Appeals Court Holds Birth Control Patch Manufacturer Had Duty to Warn Patient Directly But Packet Insert Adequately Warned of Greater Risk of Blood Clots As Compared to Birth Control Pill; Design Defect Claim...more

Just What the Doctor Ordered: Package Insert Does not Establish Standard of Medical Care

by Reed Smith on

Like most Americans, we like our doctor. We like doctors in general. We are not looking to start another song battle with our friends over at the Abnormal Use blog, like when we competed to name as many law songs as...more

Why The Supreme Court Must Revisit Personal Jurisdiction

by Morrison & Foerster LLP on

In its most recent decisions on personal jurisdiction, the U.S. Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to...more

Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking in the 10th Circuit

The United States Court of Appeals for the Tenth Circuit recently vacated the Consumer Product Safety Commission’s (CPSC) 2014 rulemaking that prohibits the importation and distribution of high-powered, small, rare earth...more

Supreme Court of Missouri Holds No Waiver of Work Product Privilege When Party Rescinds Designation of Expert Witness Without...

by Williams Venker & Sanders on

State ex rel. Jason H. Malashock v. The Honorable Michael T. Jamison, SC 95606 (November 1, 2016) The Supreme Court of Missouri reversed a trial court’s order permitting the deposition of a plaintiff expert witness on...more

Eleventh Circuit Upholds Economic Loss Rule in Product Liability Lawsuits

by Wilson Elser on

The Economic Loss Rule is a doctrine of law that prohibits a product liability claim being brought against a manufacturer for a defective product that only destroys itself, without harm to other property or to a person. In...more

SDNY Applies Preemption in Favor of Branded Drug

by Reed Smith on

On January 3, 2017, we commenced the dreary process of taking down the Christmas decorations. The German nutcrackers slid back into their cartons. Stockings marched from the mantle into plastic storage containers. We picked...more

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines?

Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to perform tasks involving human-like decisionmaking, intelligence, learned skills and/or...more

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