"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
Since the mid-1960s, Pennsylvania has adhered to the strict liability tenets of section 402A of the Restatement (Second) of Torts. Its version of strict liability had a number of unique features, including the determination...more
Meningitis—a life-threatening inflammation of the membranes surrounding the brain and spinal cord—has seldom been more prominent in the news, and for all the wrong reasons. The contaminated steroid made and distributed by a...more
In This Issue:
1. Rockefeller Reintroduces Mine Reform Legislation
2. Whistleblower Protections Added to Highway Bill
3. GAO Endorses Studies Supporting Black Lung Rule
4. Demolition, Underground Construction...more
A New Jersey federal court granted summary judgment to Baxter Healthcare Corporation (Baxter) last month based on a familiar legal concept rarely applied in the Garden State – warning causation. In Baker et al. v. APP...more
Damages owed from illness and death claims resulting from actual or alleged food and beverage contamination, along with the cost of recalls of potentially contaminated products, present serious financial risk to companies...more
Are brake-override systems necessary? Should they be mandatory for all new vehicles? Federal regulators seem to think so. In fact, the National Highway Traffic Safety Administration just recently proposed that all automobile...more
It may surprise you to learn that it wasn’t until 2003 that the National Highway Traffic Safety Administration (NHTSA) began to sometimes use female crash test dummies when simulating crashes to determine the safety of...more
In late March, the United States Senate approved legislation that would increase the fines levied against U.S. automakers who failed to comply with automobile recall regulations. Currently, automakers are fined a maximum of...more
A class of drugs called statins lowers blood cholesterol levels by reducing the production of cholesterol by the liver. Lipid regulators, which are primarily statin drugs, are the most commonly prescribed medication in the...more
The Fifth Circuit last week upheld the dismissal of putative class actions filed by Mississippi and Alabama residents against the federal government alleging trailers provided to Hurricane Katrina-impacted citizens contained...more
According to a report by the Department of Health and Human Services, every year 128,000 Americans are hospitalized and 3,000 die from food poisoning. The FDA is responsible for safeguarding the food supply and for inspecting...more
If you give your baby acetaminophen to reduce fever and pain, pay close attention to the packaging.
Several months ago, we reported about the FDA’s interest in more accurate dosing information for children’s Tylenol ....more
You all know we love preemption. So, when two favorable medical device preemption decisions are entered on the same day, well that’s a two-fer we can’t wait to blog about. In both cases, plaintiffs tried to plead and argue...more
A new study in BMJ , the British medical journal, has revived interest in the issue of the kind of materials best used for hip replacements.
Problems have long been reported from many quarters when metal is used to...more
The groundswell against the use of tanning beds got an additional boost last week when California Gov. Jerry Brown signed legislation prohibiting children younger than 18 from using the body-bronzers as of January 2012....more
The problems with the cancer drug Avastin are never ending. The FDA has issued a another warning about the drug’s dangers, this time involving ovarian failure, jaw necrosis (bone decay), blot clots and excessive...more
We from time to time have called our readers attention to developments in the important field of tort reform. While often this takes the form of state legislation affecting substantive legal doctrine, there is another...more
It sounds like a World Cup Soccer match result, but in fact, Brazilian Blowout is a hair-straightening product. And thanks to a wave of unpleasant responses to its use, the FDA has issued a warning letter to its...more
The Centers for Disease Control and Prevention (CDC) is working with public health officials across the country and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) to determine the cause of...more
At its annual meeting last month, the American Medical Association's House of Delegates adopted several new policies, including one that recognizes that bisphenol A (BPA) interferes with human hormones, one that decries the...more
DePuy's now notorious metal-on-metal artificial hip, known as the ASR, was marketed as the next great thing in orthopedics, but actually was a recycled old design that ignored warnings from industry insiders that the...more
Catherine Sharkey, one of the leading academic commentators on preemption in the administrative context, has released a new article on the subject, entitled "Inside Agency Preemption." Here's a link to an online copy of the...more
A couple of months ago, we provided our stream-of-consciousness impressions of the Mensing/Demahy generic preemption argument to the Supreme Court. As we mentioned then, we were all set to write an obituary on generic...more
Maclaren USA, the stroller manufacturer which issued a massive recall in November 2009, is calling for mandatory federal regulations of standards for strollers and global harmonization of stroller safety.
In a press...more
With an average of one child every two weeks strangled on the cords of window blinds, it’s no wonder that the Consumer Product Safety Commission (CPSC) has asked manufacturers to come up with a way to eliminate the risks to...more
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