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Product Liability and Mass Tort
A Lawyer's Role in Product Liability Prevention, by
Kenneth Ross.
Before the accident or the filing of a lawsuit, a lawyer has a significant but underused role in prevention. The goal of any prevention program is twofold: First, minimize the potential of an incident from occurring; second, provide a good defense if the incident occurs.
Non-Specific.
3 pages. Written:
2007. Added:
9-26-2009.
In-House Litigator
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Product Liability and Mass Tort
Pharmaceutical and Medical Device Product Liability Litigation: Changing Strategies in the Mass Tort Era, by
Diane E. Lifton.
Article discusses approaches in handling mass tort litigation, including risk management, assessing a client's case, research, documentation, developing case theory, dealing with bad facts, the decision to settle or litigate, setting client expectations and unique challenges of pharmaceutical litigation.
Non-Specific.
17 pages. Written:
2006. Added:
7-06-2009.
Aspatore Books
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Product Liability and Mass Tort
Net's Impact on Strict Product Liability Law, by
Sarah L. Olson.
In just the last few years, the Internet has generated new levels of company-consumer interactivity. Consumers and companies are working together in new ways to design products. Consumers and companies are communicating -- both in terms of advertising and complaints about products -- more directly and frequently than ever. These developments create corresponding new legal issues. Indeed, the changing marketplace may foreshadow unanticipated changes in the traditional law of strict product liability.
Non-Specific.
1 pages. Written:
2008. Added:
11-14-2008.
law.com
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Product Liability and Mass Tort
Riegel v. Medtronic: Better Off Without It?, by
Kim M. Schmid and Shane V. Bohnen.
The Supreme Court’s recent decision in Riegel v. Medtronic
Inc. concluded that the law on medical device preemption should remain the same as it ever was: medical devices approved by the FDA’s Pre-Market Approval process are expressly preempted from design defect and inadequate warning claims.
Non-Specific.
5 pages. Written:
2008. Added:
9-04-2008.
Portfolio Media. Inc.
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Product Liability and Mass Tort
Defending Lead-Containing Toy Lawsuits, by
Ryan L. Nilsen and Michael R. Carey.
This article explores ways to challenge plaintiffs’ experts in lead toy exposure litigation by highlighting common weaknesses in exposure analysis, cognitive-injury proof, and specific causation.
Non-Specific.
5 pages. Written:
2008. Added:
9-02-2008.
bowmanandbrooke.com
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Product Liability and Mass Tort
The Duty to Warn Illiterate or Non-English-Reading Product Users, by
Kenneth Ross.
This article will describe the relevant law and technical standards in the United States and provide recommendations to manufacturers about using multi-lingual labels and pictorials.
Non-Specific.
5 pages. Written:
2008. Added:
9-02-2008.
In-House Defense Quarterly
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Product Liability and Mass Tort
The Transformation of Preemption Law, by
Jill D. Jacobson and Rebecca S. Herbig.
Article discusses the potential uses of the preemption argument by defense counsel and the possible future of preemption law. Discussion focuses upon the progression toward the proposed rule, the potential effect this rule will have on the automotive design world, and the likely challenges to be raised if adopted.
Non-Specific.
5 pages. Written:
2007. Added:
9-02-2008.
bowmanandbrooke.com
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Product Liability and Mass Tort
Pharmaceutical and Medical Device Product Liability Litigation: Changing Strategies in the Mass Tort Era, by
Diane E. Lifton.
As mass torts have evolved, so too have the tools to manage them. In the mid-1990s, electronic case management systems capable of storing data on thousands of cases emerged. More importantly, the capacity to quickly evaluate a new litigation, as well as
individual cases in that litigation, has historically allowed us to achieve significant results, such as voluntary dismissals and summary judgments, at a relatively early juncture. Goal is to position every case for the best possible result, whether it is early dismissal or a favorable result at trial.
Non-Specific.
17 pages. Written:
2008. Added:
7-04-2008.
www.gibbonslaw.com
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Product Liability and Mass Tort
The Federal Preemption Debate In Pharmaceutical Labeling Product Liability Actions, by
Jodie M. Gross and Judi Abbott Curry.
This article reviews the impact of the FDA preamble on interpretation of its regulatory statutes and on state law failure-to-warn actions against pharmaceutical manufacturers. The article provides an overview of the
applicable legal standards governing whether preemption exists and what level of judicial deference must be accorded to an agency’s interpretation of its own statutes. The article surveys how these doctrines have been interpreted and applied in courts around the country subsequent to the release of the preamble.
Non-Specific.
36 pages. Written:
2007. Added:
7-04-2008.
www.harrisbeach.com
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Product Liability and Mass Tort
The Physician Labeling Rule, by
Joshua G. Schiller.
In issuing the final rule, the FDA clearly staked out its position that these new rules are intended to clarify long-standing principles regarding product labeling, what should (and should not) be in a label, and the FDA’s role in approving label. The details of these pre-emption issues are the subject of much litigation and not the central focus
of this article. However, it could spark litigation tactics regarding the possibility that a company has “admitted” causation in a case. This article examines this argument and likely responses.
Non-Specific.
3 pages. Written:
2008. Added:
6-29-2008.
Law Journal Newsletters – Product Liability Law & Strategy
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Product Liability and Mass Tort
A Daubert Motion: A Legal Strategy to Exclude Essential Scientific Evidence in Toxic Tort Litigation, by
Ronald L. Melnick, PhD.
In the US Supreme Court’s Daubert v Merrell Dow Pharmaceuticals, Inc decision, federal judges were directed to examine the scientific method underlying expert witnesses evidence and admit that which is scientifically reliable and relevant. Article discusses issues in toxic tort context.
Non-Specific.
5 pages. Written:
2006. Added:
3-30-2007.
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Product Liability and Mass Tort
The Economic Loss Rule in Products Liability and Construction Litigation, by
Sam Sandmire and Inara Scott.
Addresses the role of the economics loss rule in construction and products liability litigation.
Non-Specific.
2 pages. Written:
2005. Added:
3-30-2007.
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Product Liability and Mass Tort
Pre-litigation and Crisis Management Planning: The (Company’s) Life You Save May Be Your Own, by
Bingham McCutchen LLP.
Product liability cases are among the fastest-growing areas of litigation in the United States court system. A pre-litigation plan is like a fire evacuation plan - if a plan is developed, practiced and becomes routine, it could have the effect of saving a corporate life.
Non-Specific.
7 pages. Written:
2006. Added:
3-20-2007.
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Product Liability and Mass Tort
U.S. Product Liability Law Overview, by
Harvey L. Kaplan, John F. Kuckelman, Shook, Hardy & Bacon L.L.P..
Product liability claims may be brought under theories of strict liability, negligence or breach of warranty. A plaintiff bringing a product liability claim must prove that a product was defective due to an unreasonably dangerous condition or characteristic.
Non-Specific.
10 pages. Written:
2006. Added:
3-18-2007.
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Product Liability and Mass Tort
Canada Product Liability Law Overview, by
S. Gordon McKee & Kathryn J. Manning, Blake, Cassels & Graydon LLP.
Liability may be imposed for breach of statutory obligations such as breach of the implied warranties of fitness for purpose or of merchantable quality under sale of goods
legislation and consumer protection legislation. Certain statutory obligations to recall products exist in Canada for specific products.
Non-U.S..
7 pages. Written:
2006. Added:
3-18-2007.
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Product Liability and Mass Tort
Mexico Product Liability Law Overview, by
Carlos F. Portilla & Enrique Valdespino, Basham, Ringe & Correa, S.C..
In Mexican law, liability arising out of an illegal act is regulated by a variety of laws that must be interpreted and applied in a harmonious manner. Hence, liability requires that the injury or damage is a direct and immediate consequence of the illegal act, either for breach of contract, or an obligation arising from the law.
Non-U.S..
7 pages. Written:
2006. Added:
3-18-2007.
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Product Liability and Mass Tort
Not the Next Tobacco: Defense to Obesity Claims, by
Joseph P. McMenamin & Andrea D. Tiglio.
From a plaintiff’s viewpoint, some recent tobacco litigation has been wildly successful. Article discusses emerging obesity claims and defense.
Non-Specific.
75 pages. Written:
2006. Added:
3-12-2007.
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