Product Liability Update - July 2011


In This Issue:

- United States Supreme Court Holds State Law Rule Mandating Classwide Arbitration of Consumer Claims Stands as Obstacle to Purposes of Federal Arbitration Act and Is Therefore Preempted

- United States Supreme Court Holds State Court General Jurisdiction Over Claims Against Corporation Unrelated to Its Contacts with State Proper Only Where Corporation Has “Continuous and Systematic” Contacts with State; Specific Jurisdiction Over Claims Arising from State Contacts Proper Only Where Corporation Deliberately Directed Activity Toward State

- United States Supreme Court Holds Failure-to-Warn Claims Against Generic Drug Manufacturers Preempted by Food, Drug and Cosmetic Act Because Act Requires Generic Drug’s Warnings to Be Same as Branded Drug’s and Thus Prohibits Generic Manufacturers from Unilaterally Changing Warnings

-Massachusetts Federal District Court Again Denies Class Certification for Third Party Payors Alleging Prescription Drug Manufacturer Fraudulently Promoted Drug, Holding Need for Doctor-by-Doctor Proof of Reliance on Fraud Caused Individual Issues to Predominate Over Common Ones and Rendered Class Action Unmanageable

- Massachusetts Federal Court Excludes Causation Testimony of Plaintiff’s Expert and Grants Summary Judgment for Drug Manufacturer Because Expert Report Failed to Adequately Disclose Basis for General and Specific Causation Opinions

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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