News & Analysis as of

Products Liability Civil Remedies Conflict of Laws

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case

On February 12, 2016, the Ninth Circuit affirmed the district court’s decision barring the California Attorney General’s efforts to enforce nonfunctional slack fill provisions against Del Real LLC, a producer of Mexican...more

Preemption Defense in the Ninth Circuit Is “Not Dead Yet”

Monty Python and the Holy Grail (1975) contained a scene where bodies of plague victims were brought out to the curb for collection via a cart whether or not they properly belonged there. One living fellow insists on not...more

Product Liability Update - July 2015

by Foley Hoag LLP on

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

Result-Driven Affirmance of Birth Defect Verdict

by Reed Smith on

We have said it before – birth defect cases are hard. Juries and judges are sympathetic where the individual whose health is at issue had no say in the matter. We have also said that we do not like it when judges frame the...more

New Jersey punitive damages analysis ignores established precedent

by Morrison & Foerster LLP on

Since 2008 New Jersey law has effectively granted pharmaceutical manufacturers immunity from punitive damages claims. While New Jersey state courts continue to recognise and enforce that immunity, some recent federal court...more

Mutual Pharmaceutical Co. v. Bartlett (2013)

The old adage "Bad cases make bad law" is invoked when the facts of a case lead a court to rule in favor of the particular entities before it rather than applying the law consistently. (Although anyone familiar with recent...more

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

by Field Law on

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

Trying to Sanction Away Preemption (and Failing)

by Dechert LLP on

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

Aredia/Zometa – The Punitive Dance Continues

by Dechert LLP on

When last we wrote of punitive damages in the Aredia/Zometa litigation, we predicted the parties were entangled in a dance that would involve back and forth on both sides and that wasn’t likely to end anytime soon. See prior...more

Supreme Court Limits Federal Courts’ Ability to Enjoin Relitigation of Class Certification in State Courts

On June 16, 2011, the U.S. Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Eighth Circuit that had affirmed an injunction against a state court’s certification of a class where the U.S....more

Generic Drug Makers Protected from Failure to Warn Claims

by Morrison & Foerster LLP on

In a surprising decision that could affect thousands of pending lawsuits, the Supreme Court held today that federal law preempts failure to warn claims against generic pharmaceutical companies. Justice Thomas delivered the...more

Supreme Court Declines To End Multiple Class Action Mischief

by Dechert LLP on

The second of our Supreme Court trilogy for the week. The Court ruled last week in Smith v. Bayer Corp., No. 09-1205, that a federal district court was prevented by the the Anti-Injunction Act from enjoining a state court...more

Utah Preemption Split Deepens

by Dechert LLP on

We've blogged before about the split among Utah courts about whether Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), preempts the fraud on the FDA exception to Utah's statutory bar (Utah Code Ann. §78B-8-203)...more

Federalism And Tort Reform

by Dechert LLP on

On Wednesday, we discussed the relevant parts of pending tort reform legislation. Earlier in the month we updated our favorite federalist point, which is that federal courts should not issue expansive interpretations of state...more

Weekly Law Resume - December 30, 2010: Federal Preemption Expanded as to State Law Product Liability Claims Involving Medical...

by Low, Ball & Lynch on

This case considered the scope of federal preemption of state law product liability claims involving a medical device. The court held that for a medical device that has been approved for clinical testing pursuant to an...more

Supreme Court Will Hear Case About Vaccine Side Effects

by Robert Kraft on

The Supreme Court will decide whether drug makers can be sued by parents who claim their children suffered serious health problems from vaccines. As reported by the Associated Press, the Court agreed to hear an appeal from...more

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