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Preemption › Bodily Injury

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

Nutter McClennen & Fish LLP on

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Affirms Dismissal of Breast Implant Cases on Preemption Grounds

Faegre Drinker Biddle & Reath LLP on

The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more

Morgan Lewis - Up & Atom

Lessons from the Ninth Circuit’s Recent Fukushima Ruling

Morgan Lewis - Up & Atom on

A panel of the US Court of Appeals for the Ninth Circuit on May 22 issued an order upholding a trial court’s dismissal of the long-running Cooper v. Tokyo Electric Power Co. Holdings Inc. lawsuit. ...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Nutter McClennen & Fish LLP on

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

Holland & Knight LLP on

The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more

Cozen O'Connor

ALERT: U.S. Supreme Court Grants Certiori to Decide Whether FDA Excluded Warnings Pre-Empt State Law Claims

Cozen O'Connor on

The U.S. Supreme Court today agreed to consider a Third Circuit ruling that revived litigation over Merck’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax. The precise question...more

Benesch

Faster Than Now! The Final Word, On the Final Mile

Benesch on

We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more

Butler Weihmuller Katz Craig LLP

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

Butler Weihmuller Katz Craig LLP on

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more

Holland & Knight LLP

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

Holland & Knight LLP on

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

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