News & Analysis as of

Strict Liability

Vermont Legislative Update 4-6-18 - An analysis from DRM's Government & Public Affairs Team

by Downs Rachlin Martin PLLC on

Utilities, DPS Raise Concerns about Electric Grid Congestion - A surplus of renewable electric generation, coupled with low demand, in northern Vermont has created constraints on the electric grid and caused ripple effects...more

Strict Liability for Lack of Informed Consent in Clinical Trials

by Pepper Hamilton LLP on

Forty-five years ago, a scandalous medical experiment in Alabama caused the United States to reexamine the concept of informed consent. While that scrutiny continues today, a recent case from Alabama, Looney v. Moore,...more

IVC - Inconsistent Verdict Created

by Reed Smith on

We don’t normally comment on verdicts, whether they favor our side or the plaintiffs, because the bare fact of a verdict doesn’t give us much to analyze, and analysis is what this blog is about. But we make an exception for...more

Arizona Supreme Court Accepts Review of Police Dog Bite Case

A driver approaching from the opposite lane nearly hit a Pima County Sheriffs’ deputy head on. The deputy activated his emergency lights and pursued the driver. ...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

Changes in Federal Enforcement Cases and the Stark Law May Benefit Health Care Providers

by Ruder Ware on

Some recent changes in federal law and in federal agency interpretation of federal law may both clarify and relieve some regulatory obligations of health care providers. Lessening Dependence on Federal Agency...more

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

by Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

by Husch Blackwell LLP on

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Fourth Circuit Rejects Sexual Harassment Claim by Employee Who Quit Days Into Her Investigation

Employers are not strictly liable for hostile environment sexual harassment by a victim’s co-workers. The employer may be held responsible under Title VII if it knew or should have known of the harassment and failed to take...more

Drones – When Things Go Wrong

Over the last several years, drones have rapidly grown in popularity. From quick deliveries during rush hour to reaching an otherwise inaccessible military base, drones are proving to be extremely advantageous where humans...more

Vermont Legislative Update 03-02-2018 - An analysis from DRM's Government & Public Affairs Team

When it returns on March 13, the Vermont Senate is expected to consider S.197, a bill that creates strict liability for damage to property and human health for the release of many harmful substance into the environment, and...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

Product Liability Issues of Today’s Direct Sales Industry

by Miles & Stockbridge P.C. on

Anyone with a social media account has likely recently seen a friend start a side-hustle selling products to their network through a direct sales company. The direct sales industry has experienced a renaissance since the...more

Aviation Happenings - Spring 2018 - Part A

...California District Court Dismisses Suit Against Airbus and Rolls Royce on Forum Non Conveniens Grounds - On December 11, the U.S. District Court for the Central District of California granted defendants Airbus S.A.S....more

Certification to Utah Supremes on Whether Comment K Applies to Medical Devices – Part 2

by Reed Smith on

Last weekend we returned to Utah, one of the most beautiful states in the USA. Over the years we had taken in the polite delights of Salt Lake City, the powderpuff snow of Park City, and the cinematic enthusiasms of the...more

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

by Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

by Husch Blackwell LLP on

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Guest Post – Illinois Court Rejects Novel Claims Alleging Deficiencies In Post-Approval Studies

by Reed Smith on

Today we have a guest post from Reed Smith‘s Elizabeth Minerd discussing a PMA preemption case dealing with unusual “parallel claim” allegations involving the conduct of clinical trials. As always our guest posters are 100%...more

Federal Court Certifies Question to Utah Supreme Court of Whether Comment K Applies to Medical Devices

by Reed Smith on

Strict liability is not the same as absolute liability. We learned that truth in law school, but too many plaintiff lawyers and judges seem to have unlearned it along the way. The key separator between strict liability and...more

No Unlimited Duty of Care Without Personal Injury or Property Damage

by Low, Ball & Lynch on

Southern California Gas Company, Petitioner, v. The Superior Court of Los Angeles County - Respondent; First American Wholesale Lending Corporation, et al., Real Parties in Interest 18 Cal.App.5th 581 - Court of Appeal...more

Pension Alert - February 2018

by Hogan Lovells on

Featured is a reminder regading action needed on legacy protected rights rules and new briefings on New offences under the Criminal Finances Act 2017; Reducing your PPF levy; VAT and pension schemes; and an updated briefing...more

New offences under the Criminal Finances Act 2017: are corporate pension trustees at risk?

by Hogan Lovells on

The Criminal Finances Act 2017 creates two new offences concerning tax evasion, potentially relevant to pension scheme corporate trustees (but not individual trustees). Corporate pension trustees should consider whether they...more

Builders' Right To Repair Pre-Litigation Affirmed as Exclusive Remedy By Supreme Court

by Selman Breitman LLP on

On January 18, 2018, the Supreme Court of California in McMillin Albany LLC et al., v. The Superior Court of Kern County (Supreme Court Case No. S229762, California Official Reports citation pending) unanimously held that the...more

Confirmation from Pennsylvania Superior Court: The Fair Share Act Applies to Strict Liability Cases Involving Asbestos Exposure

by Miles & Stockbridge P.C. on

As a matter of first impression, the Pennsylvania Superior Court recently held that the Fair Share Act applies to strict liability cases involving asbestos exposure. In Roverano v. John Crane, Inc., 2017 PA Super. 415 (Dec....more

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