Civil Remedies | JD Supra Legal News, Updates, Analysis, & Information

ALEC-Inspired Bills Could Bar Defective Drug Lawsuits

by Lawyers.com on 5/16/2012

Every year, thousands of Americans are sickened or killed by bad prescription drugs, but a battle is brewing in several states that could take away the ability of consumers to sue drug makers based on model bills by the...more

Extent of Non-Debtor Parent Exposure Under Channeling Injunctions

by Cadwalader, Wickersham & Taft LLP on 5/15/2012

Originally published in New York Law Journal - Volume 247—NO. 85, Thursday, May 3, 2012. On April 10, 2012, the U.S. Court of Appeals for the Second Circuit in In re Quigley issued an opinion adopting a narrow...more

Abbott Labs to Pay $1.5 Billion in Depakote Settlement

by Lawyers.com on 5/9/2012

Abbott Laboratories Inc. pleaded guilty and agreed to pay a $1.5 billion settlement for the company’s off-label promotion of anti-seizure drug Depakote. Depakote may be used only for epileptic seizures, bipolar mania and...more

Ninth Circuit to Washington Supreme Court: "Have It Your Way"

by Sedgwick LLP on 5/2/2012

It's a Whopper of a case. Following Burger King's alleged service of a "spit burger," the Ninth Circuit Court of Appeals has certified the following question to the Washington Supreme Court: Does the Washington Product...more

Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules

by Field Law on 4/30/2012

It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...more

$27 Million Verdict Against R.J. Reynolds for Cancer Victim

by Lawyers.com on 4/30/2012

A Florida man was awarded $27 million in compensatory and punitive damages against tobacco company R.J. Reynolds last month after doctors told him that 44 years of smoking caused his lung cancer. •Plaintiff had lung...more

Is There A Constitutional Right To Punitive Damages?

by Dechert LLP on 4/30/2012

We recently came across a post on a Bricker & Eckler blog, about a recent Ohio Supreme Court case, Havel v. Villa St. Joseph, 963 N.E.2d 1270 (Ohio 2012), upholding the constitutionality of an Ohio statute imposing mandatory...more

A 100% Naturally Bad Preemption Decision

by Dechert LLP on 4/25/2012

Sometimes a decision bounces around a bit before it lands on our plates. But when we finally spot it and read it, we realize it might be worth a quick chew. It may be a tasty little tidbit like a particularly good Twiqbal...more

Trying to Sanction Away Preemption (and Failing)

by Dechert LLP on 4/20/2012

We always try to keep things lively around here. Law can sometimes be drudgery. But we don’t ever want that type of atmosphere to seep into this blog. That’s one of the reasons the blog is here: to discuss what we do...more

The Long Tail of Construction Defect Liability: When Does It End?

by Snell & Wilmer L.L.P. on 4/17/2012

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than...more

DRI Product Liability Conference Underway

by Dechert LLP on 4/13/2012

This week I am attending the DRI Product Liability seminar. Yesterday's highlights included a keynote address by Hon. Anne Northup, Commissioner of the Consumer Product Safety Commission. Her remarks covered "The Past,...more

Pain Pump Plaintiff’s Promotion-Based Punitives Precluded

by Dechert LLP on 4/13/2012

It’s déjà vu all over again. Taking a rather tattered page from the Bone Screw plaintiffs’ spectacularly unsuccessful playbook of a decade ago, at least some plaintiffs in the every-man-for-himself Pain Pump litigation are...more

How did bankruptcy affect Alabama car defect lawsuit?

by Johnston, Moore & Thompson, Huntsville... on 4/11/2012

Many of us drive every day. If we upkeep our vehicles and follow traffic laws, we generally feel that we should be able to count on our safety. But there are elements that are out of our control, which is a scary thought....more

Winter Probably Discontented

by Dechert LLP on 4/11/2012

We don’t like losing, but as we said not too long ago, unless you don’t try (or aren’t trusted with) hard cases, you’re going to lose every so often. That goes for both plaintiffs and defendants. So, after dropping a couple...more

Plowing an Uncertain Field: Florida's Dangerous Instrumentality Doctrine Extends Even Further

by Sedgwick LLP on 4/4/2012

"[A] farm tractor is a dangerous instrumentality as a matter of law." Rippy v. Shepard, 2012 WL 143607 (Fla.S.Ct. Jan. 19, 2012). With these 12 words, the Florida Supreme Court extended the dangerous instrumentality...more

Home

Legal News

Find a Lawyer

Browse Subjects

Law Feeds

Pro Services

Civil Remedies – May 23, 2012

Narrowed by: Products Liability