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Products Liability Updates

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

U.S. watchdogs tally $1.5 billion cost for one type of defective medical device

Big medical device makers, like Big Pharma, have complained Big medical device makers, like Big Pharma, have complained relentlessly that Uncle Sam hamstrings them with red tape and bureaucracy that slows or prevents...more

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in...more

The Class Action Chronicle Fall 2017

This edition focuses on rulings issued between May 15, 2017, and August 15, 2017. In this issue, we cover four decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

MDL Direct Filing & Personal Jurisdiction

by Reed Smith on

Bexis gave a talk the other day at the Washington Legal Foundation on personal jurisdiction after last term’s United States Supreme Court decisions in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017)...more

Double Preemption Win in Amiodarone Litigation

by Reed Smith on

With PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), and Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (2013), preemption arguments in cases involving generic prescription drugs has become a little like shooting fish in...more

California Enacts Legislation in an Attempt to Level the Playing Field in Proposition 65 Enforcement Actions

by Downey Brand LLP on

On October, 5, 2017, Governor Brown announced that he signed AB 1583 into law. AB 1583, authored by Assemblymember Ed Chau, a democrat from Monterey Park, is intended to promote transparency in Proposition 65 private...more

Illinois Supreme Court Issues Opinion that May Change Asbestos Litigation Landscape

by Steptoe & Johnson PLLC on

On September 21, 2017 the Supreme Court of the State of Illinois issued a personal jurisdiction opinion that may change the national landscape of asbestos litigation. Aspen American Insurance Company v. Interstate...more

Consumer Product Update - California's Green Chemistry Initiative Looks for New Products to Regulate

by Morrison & Foerster LLP on

On October 6, 2017, the California Department of Toxic Substances Control (DTSC) announced it is seeking public comment on its new 2018-2020 Priority Product Work Plan (Work Plan) under its Safer Consumer Products (SCP)...more

Empty Gestures – Pennsylvania’s Right To Try Legislation

by Reed Smith on

For the second time in three years the Pennsylvania legislature has proven itself entirely unable to carry out its most basic function, which is to pass a budget – any budget – which is balanced and otherwise meets...more

Insuring the Product Liability Risks of Cannabis

by Wilson Elser on

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle...more

The Bank Rejects Fosamax Folly

by Reed Smith on

Look what just fell into our lap. Our blogging about the favorable California Risperdal preemption decision last week shook loose from that same case a subsequent denial of reconsideration of a summary judgment motion in...more

Lucky Seven – Multi-Plaintiff Misjoinder Fails in Illinois Post-BMS

by Reed Smith on

Once the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), definitively determined that non-resident plaintiffs can’t go suing non-resident defendants anywhere they want,...more

An Update on Trunnion Failure in Hip Implants

Unfavorable outcomes from trunnion fretting and corrosion damage have been reported in a portion of the hip implants. In this video, Florida attorney Cal Warriner discusses the new failures reported in the stem areas of hip...more

Surgeons Finally Tuning in to Stryker Trunnion Failures

The monoblock TMZF stem failures looked exactly like the Rejuvenate and ABG II failures. Patients suffered from high levels of cobalt and chromium in their blood, the development of large fluid collections and pseudotumors...more

Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017

by Downey Brand LLP on

On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more

CPSC Round-Up: Buerkle Confirmation Hearing, Landmark Civil Penalty Ruling, and Partisan Action on Flame Retardants

Over the past few weeks, there have been many key goings-on related to the CPSC and its Commissioners....more

Cannabis Prop 65 Liability: Lessons Learned from the Dietary Supplement Industry

by Wilson Elser on

The cannabis industry appears to be next on the liability “hit list” under California’s notorious Proposition 65 statute. In June 2017, more than 700 Prop 65 notices were served on California cannabis businesses. Companies in...more

The Third Circuit Fosamax Preemption Error Has Got To Go, Part 2

by Reed Smith on

We’ve come to expect top-flight work product from the Product Liability Advisory Council (PLAC), even when it isn’t Bexis pushing the pen or pecking at the keyboard (as he has done so many times on so many important issues)....more

Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge (Part 1)

by Wilson Elser on

Deposing your adversary’s liability expert is not only a chance to delve into the details of the expert’s opinions, but the deposition also presents a great opportunity for defense counsel to explore the sustainability of the...more

Worldwide Group of Data Privacy Regulators Issues Guidance on Connected-Car Technologies

by Ballard Spahr LLP on

A global group of data privacy regulators has, for the first time, set forth data privacy and security guidance on the development of automated and connected-car technologies. ...more

Innovator Liability, Perpetual Liability Argued in California Supreme Court

by Reed Smith on

The California Supreme Court heard oral argument in T.H. v. Novartis on Monday. That is the case where the California Court of Appeal held that a prescription drug manufacturer could be held liable for injuries allegedly...more

CPSC Heating Up Before New Commissioner Appointed: Approves a Petition for Rulemaking to Ban an Entire Class of Flame-Retardants

In a split across party lines, the U.S. Consumer Product Safety Commission (CPSC or the “Commission”) recently voted on a largely unprecedented course of action: to ban an entire class of chemicals from popular consumer...more

“Challenges Remain” for FDA’s Inspections of Food Facilities, According to Inspector General Report

by Kelley Drye & Warren LLP on

While FDA is on track to meet the initial inspection timeframes specified under the Food Safety Modernization Act (FSMA), questions remain about the effectiveness of those inspections and the capacity for FDA to meet future...more

Resource Conservation and Recovery Act Guidance: U.S. Environmental Protection Agency Addresses Unused Cigars/Cigarettes

he United States Environmental Protection Agency (“EPA”) in a July 19th letter addressed whether: - . . . unused cigarettes and cigars made from tobacco are regulated as hazardous waste under the Resource Conservation...more

Fraud on the FDA? If Not Preempted, It Is Trumpery

by Reed Smith on

With Bexis having originally conceived the preemption argument that became Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), we are always on the lookout for ways in which plaintiffs attempt to circumvent...more

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