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Product Liability and Mass Tort
For Whom the Bellwether Tolls: The Practical Solution of Trial Grouping , by
Kelly E. Jones & Carrie Pottker-Fishel .
While the origin of the term ‘bellwether’ is unusual, the use of bellwether trials today is becoming increasingly more common in mass tort litigation. The approach has been used in many cases ranging from exposure to toxic chemicals like, Agent Orange and asbestos, to products liability cases involving medical drugs and devices, such as the Dalkon shield and breast implants.
Non-Specific.
1 pages. Written:
2008. Added:
7-04-2008.
www.imakenews.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
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 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
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
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
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
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
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
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
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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