Products Liability Civil Procedure Elections & Politics

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Breaking News - West Virginia Statute Adopts Learned Intermediary Rule

The West Virginia legislature has passed, and the governor signed, S.B. 15, adopting the learned intermediary rule on February 26, 2016. ...more

CPSC Public Database: A 2011 Change to the Procedure for Filing Materially Inaccurate Information Claims that Can Easily be...

President Obama signed Public Law 112-28 (“PL 112-28”) into law on August 12, 2011. PL 112-28 amended numerous provisions of the Consumer Product Safety Improvement Act (“CPSIA”). One such amendment made a notable change to...more

The FDA Tiptoes – and Congress Splashes Into – the 21st Century

Here are a couple of non-litigation related matters that we thought our readers need to know about. First, the FDA. We’ve pointed out before that the FDA’s “intended use” regulations for drugs (21 C.F.R. §201.128) and...more

Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney

Oct. 8, 2014 (Mimesis Law) -- Fred Levin, one of the most successful and controversial plaintiffs lawyers in America, talks with Lee Pacchia about a new book by Josh Young detailing his colorful life and his views on civil...more

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington Doctrine

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma. The Court also ruled that the Noerr-Pennington doctrine, which shields defendants from liability for their actions in petitioning government officials, does not provide a basis for excluding evidence that might be relevant to a defendant’s knowledge of the nature of its product or of a failure to exercise ordinary care. more

Tort Reform Advances In Tennessee

Readers know that tort reform is an important issue we have posted on before, at the federal and state level. Latest update: Tennessee recently enacted reform legislation that will, among other things, limit the amount of non-economic damages that plaintiffs can recover in civil lawsuits. Specifically, the Tennessee Civil Justice Act of 2011 was signed into law by Gov. Bill Haslam earlier this month. The new law limits venue to the county where the events constituting the cause of action occurred, where the business has its principal office, or where its registered agent of record is located. Please see full article below for more information. more

Experts Predict Passage of the Foreign Manufacturers Legal Accountability Act of 2010: What Does This Law Mean to U.S. Importers and Exporters?

One of the more controversial bills brewing in Congress is the Foreign Manufacturers Legal Accountability Act of 2010. Although a variation of this bill was introduced in the Senate Finance Committee last year, it received little attention. Just last month, however, a House version of the bill passed the Subcommittee on Commerce, Trade, and Consumer Protection, and many trade experts are now predicting that the bill will pass. The Act was developed in response to reports of defective Chinese drywall that damaged houses and sickened people, and the uproar that resulted upon finding that the Chinese manufacturers could not be held accountable under U.S. law for the defective products. It would require foreign manufacturers of “covered products” to designate a registered U.S. agent to receive service of process on behalf of the company. This, in essence, would allow foreign manufacturers to be sued in the United States for any civil action related to those covered products. The law would also prohibit any person from importing covered products from manufacturers who do not have registered agents in the United States. Please see full alert below for more information.more

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