Constitutional Law › Products Liability › Consumer Protection

CWP 4750 of 2013 [Hemant Goswami vs. Union of India]

PIL - Ban Identified Carcinogens

The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more

Standing 101: Can You Be Injured by a Product You Never Bought?

Common sense tells you that you can’t be injured by something you never bought. This must be covered in Standing 101, right? Believe it or not, this issue is being debated right now in the California consumer class action...more

Texas Supreme Court Adopts “Learned Intermediary Doctrine” and Holds Facts of Case Did Not Justify Creating Exception Based on...

The Texas Supreme Court has held that the learned intermediary doctrine generally applies within the context of a physician-patient relationship and allows a prescription drug manufacturer to fulfill its duty to warn end...more

Fruit Juice MDL Court Dismisses Claims

The Massachusetts federal court overseeing multidistrict litigation against 11 beverage companies, including Coca-Cola Co. and Del Monte Corp., alleging that their fruit juices contained trace amounts of lead, dismissed the...more

Class Certification Denied in Printer Litigation

A federal court recently denied class certification in a case brought on behalf of consumers accusing Epson America Inc. of misrepresenting how its NX series of printers functioned with ink cartridges. Christopher O’Shea et...more

An Ad Hoc Inquiry Into the Feasibilities and Impracticalities Associated With Class Certification Of Blood Glucose Monitor Users

Recent developments in pre-emption law have outlined the requirements for bringing an action against a manufacturer of an FDA approved medical device. Specifically, devices that undergo the 510(k) approval process remain a...more