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Products Liability Updates

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:
Patrick Malone & Associates P.C. | DC Injury...

Generic drugs ensnared in price-fixing and shoddy manufacturing claims

With Big Pharma pressing the limits in promoting and pricing prescription medications, patients and their advocates long have hoped that generic drugs might be difference-makers on costs and practices. Those positive wishes,...more

Ropes & Gray LLP

FDA Issues Final Guidance on “Considerations in Demonstrating Interchangeability With a Reference Product”

by Ropes & Gray LLP on

On May 10, 2019, the Food and Drug Administration (FDA) issued final guidance on “Considerations in Demonstrating Interchangeability With a Reference Product,” which describes the agency's current thinking related to...more

Husch Blackwell LLP

Supreme Court Reiterates That Federal Law Preemption For Product Warnings Is A Matter For Judge, Not Jury

by Husch Blackwell LLP on

On Monday, the United States Supreme Court found that a judge is better suited than a jury to decide if consumers’ tort claims are preempted by federal regulations. In the case, Merck Sharp & Dome, Corp. v. Albreecht, the...more

Nilan Johnson Lewis PA

Liability for Allegedly Unnecessary Product Recall?

by Nilan Johnson Lewis PA on

The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err...more

Pepper Hamilton LLP

Supreme Court Clarifies Scope of Implied Preemption in Prescription Drug Cases

by Pepper Hamilton LLP on

On May 20, the U.S. Supreme Court issued its latest opinion on preemption in cases involving prescription medications, Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290 (U.S. May 20, 2019). ...more

Faegre Baker Daniels

Judges to Decide Whether Manufacturers Meet “Clear Evidence” Impossibility Preemption Standard, Supreme Court Says

by Faegre Baker Daniels on

The U.S. Supreme Court issued its potentially most significant preemption decision in several years, Merck Sharp & Dohme Corp. v. Albright, 587 U.S. ____ (2019), reversing what some had dubbed the worst drug and device...more

Faegre Baker Daniels

Supreme Court Decides Merck Sharp & Dohme Corp. v. Albrecht

by Faegre Baker Daniels on

On May 20, 2019, the Supreme Court of the United States decided Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290, holding that the judge, not the jury, must decide whether state-law failure-to-warn claims are preempted by...more

Drinker Biddle & Reath LLP

Labeling Preemption Questions are for the Court, not the Jury, Holds U.S. Supreme Court in Fosamax Decision That Clarifies the...

by Drinker Biddle & Reath LLP on

A judge, and not the jury, is the better-positioned and appropriate decisionmaker to determine whether a failure-to-warn claim is federally preempted, the U.S. Supreme Court held on Monday, May 20, 2019. The Court also...more

Alston & Bird

CPSC Recall Snapshot: CPSC in the Spotlight

by Alston & Bird on

Welcome to the May edition of the Alston & Bird CPSC Recall Snapshot. The CPSC was in the spotlight in April. Earlier in the month, the U.S. House Consumer Protection and Commerce Subcommittee conducted a hearing on CPSC...more

Miles & Stockbridge P.C.

Should the Jury Be Allowed to Infer Product Identification in Maryland Asbestos Cases?

by Miles & Stockbridge P.C. on

On March 4, 2019, the Court of Appeals of Maryland heard oral argument on an appeal from a $7.28 million jury verdict in favor of Plaintiffs William Busch and his wife Kathleen against the asbestos settlement trust...more

Weil, Gotshal & Manges LLP

A Roadmap for Building Goodwill as a Corporate Defendant

by Weil, Gotshal & Manges LLP on

In February, a New Jersey jury of eight men heard opening statements in a personal injury trial that lasted over a month. One of thousands of lawsuits against Johnson & Johnson pending throughout the country concerning its...more

Perkins Coie

PC Food Litigation Index: April 2019

by Perkins Coie on

With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were...more

Proskauer - Advertising Law

Suit Over Use of American Heart Association Certification Mark Maintains a Pulse

by Proskauer - Advertising Law on

Is it deceptive to label food products with the mark of the American Heart Association (“AHA”) without disclosing that the AHA was paid for use of its certification mark? This was the question raised by a putative class...more

Robins Kaplan LLP

Financial Daily Dose 5.20.2019 | Top Story: Google and Chipmakers Ditch Huawei

by Robins Kaplan LLP on

Google parent company Alphabet [and a host of chipmakers] formally suspended all business with Huawei “that requires the transfer of hardware, software and technical services except those publicly available via open source...more

Polsinelli

Wait a New York Minute – Is California’s Prop 65 Chemical Warning Statute Making its Way out East?

by Polsinelli on

Earlier this year, New York Governor Andrew Cuomo announced a proposal to add stringent labeling requirements for certain products sold in New York through the “Consumer Right to Know Act” (the “Proposed Act”). ...more

MERITAS - Law Firms Worldwide

Meritas Guide to Defective Products Litigation in EMEA - Turkey

1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? The primary legislation concerning defective product claims is the Consumer...more

Morrison & Foerster LLP - Class Dismissed

Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin

In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v....more

Snell & Wilmer

Collateral Source Rule Not Violated by References to Medical Insurance, Medicare and Social Security

by Snell & Wilmer on

Stokes v. Muschinske, No. B280116, 2019 WL 1513208 (Cal. Ct. App. Mar. 14, 2019) (awaiting official publication) begs the question, does reference to a plaintiff’s membership in a health care plan, like Kaiser Permanente, or...more

Spilman Thomas & Battle, PLLC

A Case to Watch: Brayman v. Westfield Insurance

Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally...more

American Conference Institute (ACI)

[Event] Automotive Product Liability Litigation - July 18th-19th, Chicago, IL

As new emerging technology for autonomous and semi-autonomous vehicles is developing at rapid speed to keep up with consumer demand, automotive companies are facing potential liabilities and unprecedented litigation risk....more

Bracewell LLP

The United Arab Emirates' New Product Safety Law

by Bracewell LLP on

The United Arab Emirates ("UAE") has recently released a draft of its highly anticipated product safety law (the "Law"), set to come into force in July 2019. This is the first time the UAE has enacted bespoke legislation...more

Nilan Johnson Lewis PA

7th Circuit Affirms CPSA Penalties Against Spectrum Brands, Inc.

by Nilan Johnson Lewis PA on

On May 9, 2019, the 7th Circuit upheld the government’s Consumer Product Safety Act (CPSA) claims against Spectrum Brands, Inc. stemming from its failure to immediately notify the Consumer Product Safety Commission (CPSC) of...more

Thomas Fox

Daily Compliance News: May 12, 2019, the Sunday Book Review Edition

by Thomas Fox on

In today’s edition of Daily Compliance News: The Unnamable Present. The Ghosts of Gold Mountain? The history of publishing, in 3 book reviewed in the FT. Ponzi’s Scheme ...more

Drinker Biddle & Reath LLP

FDA’s Final Guidance on “Least Burdensome” Principles for Medical Devices

by Drinker Biddle & Reath LLP on

The U.S. Food & Drug Administration’s (FDA’s) Least Burdensome Provisions: Concept and Principles: Guidance for Industry and Food and Drug Administration Staff, February 5, 2019, states that “medical device regulation should...more

Nexsen Pruet, PLLC

Stem Cell Recall and Legal Risks

by Nexsen Pruet, PLLC on

A recent nationwide recall of a series of non-Food and Drug Administration (FDA)-approved stem cell products that have infected at least 12 patients has raised serious questions concerning legal exposure to providers that use...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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