News & Analysis as of

Science, Computers & Technology Products Liability

Read Science, Computers & Technology updates, news, alerts, and legal analysis from leading lawyers and law firms:

AV Accidents: Consumers Want Clarity on Liability

by Miller Canfield on

The rapid evolution of automated driving systems (ADS) is bringing radical change to government regulations, industry practices, the potential obsolescence of human drivers and will also change the legal landscape for...more

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

by Cozen O'Connor on

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Massachusetts Supreme Judicial Court Allows Innovator Liability Claims to Proceed Under A Recklessness Standard

by Mintz Levin on

Today, the Massachusetts Supreme Judicial Court made an important ruling concerning innovator liability with respect to pharmaceuticals. Though precluding negligence and traditional product liability claims against brand-name...more

Massachusetts Supreme Judicial Court Recognizes ‘Innovator Liability’

On March 16, 2018, in a matter of first impression in Massachusetts, the Supreme Judicial Court (“SJC”) joined a minority of states in recognizing a tort theory of “Innovator Liability” – namely, that brand-name drug...more

Will High Court Provide Clarity On 'Clear Evidence'?

by Morrison & Foerster LLP on

The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held...more

The Best Wisconsin Law Decision We’ve Ever Seen, Affirmed

by Reed Smith on

The district judge in the In re Zimmer Nexgen Knee Implant Products Liability Litigation MDL issued a summary judgment order in October 2016 that we called “the best Wisconsin law decision we have ever seen.” What was the...more

Mostly Favorable MIL Rulings in IVC Filters Litigation

by Reed Smith on

Here in Philadelphia, less than a week before the first day of Spring, it is sunny and calm, albeit a bit chilly. Not so last week, when we were hit with the second Nor’easter in less than a week. As much as sixteen inches...more

N.D. Illinois Dismisses Accutane Case for Lack of Personal Jurisdiction

by Reed Smith on

With a little luck on our part, by the time you read this we will be vacationing in a sunnier clime. Our beachfront cottage is an Oddjob’s hat-toss away from where Ian Fleming wrote the James Bond novels. Mind you, we are...more

Missouri Supreme Court Talc Decision Alters Landscape

by Polsinelli on

On March 6, the Missouri Supreme Court declined to review the intermediate appellate court’s decision in Fox v. Johnson & Johnson, which vacated a $72 million talc verdict awarded in St. Louis City Court. ...more

Another Domino Teetering – Stream of Commerce Personal Jurisdiction after BMS

by Reed Smith on

Several decisions since the beginning of the year, and two appellate rulings in the last couple of weeks, highlight another aspect of Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (“BMS”), that should be...more

Finding A Buckman Gem

by Reed Smith on

At times, we have given a glimpse into the sausage making that goes into our production of posts on recent interesting cases and developments. Part of the process involves standing searches for “published” (including by the...more

M.D. Florida Shoots Down All Breast Implant Claims Except for Negligent Manufacturing Defect

by Reed Smith on

Last year’s list of the Ten Worst DDL cases was remarkable because all ten decisions came from appellate courts. Yikes. And it is not as if the bad appellate decisions were spread around. Two came from our home circuit,...more

DOJ Issues Guidelines for Enforcement Related to Off-Label Promotion

by Foley & Lardner LLP on

On February 28, 2018, Ethan P. Davis, the Deputy Assistant Attorney General for the Consumer Protection Branch, addressed the life sciences community regarding off-label promotion. In his remarks, Deputy Assistant Attorney...more

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

by Morrison & Foerster LLP on

Last Monday, February 26, 2018, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide...more

Personal Delivery Devices (PDD): New Transportation Frontiers Emerge for Autonomous Vehicle Rulemakers

by Morrison & Foerster LLP on

With regulatory frameworks around autonomous vehicles (AVs) under development at the federal, state, and local levels, new autonomous technology frontiers are emerging for rulemakers. The latest is personal delivery devices...more

Does State Law Really Allow Tort Claims For Failure To Report To Governmental Agencies?

by Reed Smith on

Claims predicating prescription medical product liability claims on purported failure to report adverse events to the FDA – á la Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en banc), Hughes v. Boston Scientific...more

Business Litigation Report - February 2018

Defining Sexual Harassment: The State of the Law - Litigation involving sexual harassment, in a variety of forms, emerged as a recurring headline in 2017 and shows no sign of slowing in 2018. The increase in...more

“A” Is For Preemption

by Reed Smith on

The Seventh Circuit taught us recently that the letter “A” is a powerful thing. Of course, we already knew that a well-placed A can convert the ordinary (“typical”) into the extraordinary (“atypical”), the melodic (“tonal”)...more

Original Drug Manufacturer Owes New Tort Duties When Generics Take Over

by Low, Ball & Lynch on

T.H., a Minor v. Novartis - Fourth Appellate District, Division One - The California Supreme Court upheld the Court of Appeal’s decision allowing individuals who were injured by a generic drug to sue the brand-name...more

Bad “Innovator Liability” Decision from the Central District of Illinois in Generic Fluoroquinolone Case

by Reed Smith on

We recently read a news story about a man who was imprisoned for 39 years for a crime he did not commit. The crime was grisly and resulted in the violent deaths of a 24-year-old woman and a small child, leaving a community...more

California Proposes Next Group of Priority Products (PFASs in Carpets and Rugs) Under Its Green Chemistry Initiative

by Morrison & Foerster LLP on

California’s Green Chemistry Initiative has taken another step towards regulating a widely available consumer product. On February 15, 2018, the California Department of Toxic Substances Control (DTSC) released a discussion...more

EDNY Lays Out Disclosure/Report Requirements for Nonretained Treating Doctor Experts

by Reed Smith on

When a drug or device case goes to trial, who is the most important witness? Let’s straightaway eliminate the plaintiff as a possible answer to that question. Based on what we’ve heard from jurors (both real and mock), when...more

More Adventures In Personal Jurisdiction - Examining The BMS “Federal Court” Caveat

by Reed Smith on

With plaintiffs desperate to find some way to continue pursuing aggravated, aggregated product liability litigation in their favorite venues after Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (“Bauman”), and Bristol-Myers...more

It Should Be Obvious – An Azzarello Jury Charge Is Reversible Error In Pennsylvania After Tincher

by Reed Smith on

If you’re not interested in Pennsylvania product liability law at the moment, come back tomorrow. This particular post is not limited to (or even primarily about) prescription medical products....more

California Superior Court Refuses to Allow Discovery in Aid of “Litigation Tourism” in Consolidated Xarelto Litigation

by Reed Smith on

...In In re Xarelto Cases, 2018 WL 809633 (Cal. Super. Feb, 6, 2018), the plaintiffs sued several manufacturers and a distributor, claiming various injuries and alleging the usual litany of causes of action. Appearing...more

830 Results
|
View per page
Page: of 34
Cybersecurity

Follow Science, Computers & Technology Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.