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Summary Judgment Warning Labels Failure To Warn

Adams & Reese

Warning! Clear Labels Lead to Better Defense Protection for Manufacturers, Says Louisiana Supreme Court

Adams & Reese on

A recent Louisiana Supreme Court decision confirmed that clear and express warning labels are a powerful defense for manufacturers against product liability claims under the Louisiana Products Liability Act (LPLA), especially...more

Faegre Drinker Biddle & Reath LLP

Indiana Court of Appeals Holds Product Misuse Unforeseeable in Light of Product Warnings, Reverses Denial of Summary Judgment

Key Takeaway: In Superior Oil Company, Inc. v. Labno-Fritchley, 207 N.E.3d 456 (Ind. Ct. App. 2023), the Indiana Court of Appeals reversed a trial court’s denial of summary judgment in a product liability case. The court...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

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

Steptoe & Johnson PLLC

WV Supreme Court Kicks Failure to Warn Case Under Michigan Law

The West Virginia Supreme Court of Appeals recently upheld the Mass Litigation Panel’s grant of summary judgment against a class of Plaintiffs alleging birth defects resulting from the use of prescription medicine in...more

Shook, Hardy & Bacon L.L.P.

Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption

A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S....more

Cohen & Gresser LLP

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

Cohen & Gresser LLP on

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...more

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