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Searching Content indexed under Product Liability & Safety by Duane Morris LLP ordered by Published Date Descending.
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1
Much Of Oklahoma's $572 Million Opioid Case Likely To Be Replicated Elsewhere, But Unique Cause Of Action May Not
On August 26, 2019, Cleveland County, Oklahoma, District Judge Thad Balkman delivered his highly anticipated ruling in the state of Oklahoma's
United States
30 Aug 2019
2
Supreme Court Rules That Judges Must Decide Preemption Of Failure-To-Warn Claims
On May 20, 2019, the Supreme Court of the United States issued a rare unanimous decision in Merck Sharp & Dohme Corp. v. Albrecht, et al., holding that judges, not juries,
United States
7 Jun 2019
3
Supreme Court Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law, a "bare-metal" manufacturer is liable for failure to warn of dangers posed...
United States
29 May 2019
4
California Issues New Proposition 65 Warning Regulations
California has adopted wholesale changes to the Proposition 65 warning regulations that impact companies doing business in California or whose products are sold in California.
United States
15 Sep 2016
5
Eastern District Predicts "Bare Metal Defense" Available Under Pennsylvania Law
In Schwartz, the decedent-plaintiff was employed as an airplane propeller mechanic and crew chief from 1957 to 1967 at two Air Force bases in Pennsylvania. Defendant Pratt & Whitney manufactured airplane engines.
United States
14 Aug 2015
6
New Jersey Trial Court Grants Summary Judgment In Accutane Mass Tort Cases
Accutane (isotretinoin) is among the most highly regulated drugs in the United States. Its labeling is extensive, as the court found in its careful analysis of the record before it.
United States
9 Apr 2015
7
Pennsylvania Supreme Court Adopts New Standards For Strict Liability Claims
On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc. (No. 17 MAP 2013), in which it addresses the proper standard under Pennsylvania law for strict liability claims relating to allegedly defective products.
United States
22 Dec 2014
8
FACT Act Promises Transparency In Bankruptcy Trust Claims And Payments For Asbestos Exposure
Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments.
United States
19 Nov 2013
9
Automation Systems And Product Liability: Best Practices
Contemporary theater depends increasingly on the "wow" factor.
United States
31 Jan 2013
10
"Every Breath" Theory: On Its Last Breaths?
The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure.
United States
28 Jan 2013
11
New Safety Test Requirements For Children's Products Become Effective In February 2013
Manufacturers and importers of children's products, including toys, apparel, sporting goods and jewelry, will soon be subject to yet another safety-testing regulation addressing several vital issues related to such testing: the frequency of testing, the selection of samples for testing and recordkeeping.
United States
21 Dec 2012
12
Products Liability Defendants Must Plead Highly Reckless Conduct As An Affirmative Defense
On November 26, 2012, the Supreme Court of Pennsylvania handed down a decision in Reott v. Asia Trend, Inc., et al., Nos 27-30 WAP 2011, slip op. (Pa. Nov. 26, 2012), that changes the way defendants in product liability actions must plead and prove an affirmative defense of highly reckless conduct as the sole or superseding cause of plaintiff's injury.
United States
12 Dec 2012
13
California Asbestos Defendants Are On A Roll In The Appellate Courts
It’s been a very good few weeks in the California appellate courts for asbestos defendants and perhaps the beginning of a broader trend towards leveling the playing field in the unrelenting asbestos litigation that continues to overwhelm California courts.
United States
20 Jun 2012
14
Pa. Courts To Consider All Potential Uses Of Product In Design-Defect Cases
The Pennsylvania Supreme Court recently issued an opinion that bolsters medical device manufacturers' arsenal of defenses in design-defect products liability actions.
United States
8 Jun 2012
15
Do Asbestos Rip-Out Claims And The "Abandoned Materials" Policy Exception Neutralize The Impact Of The Completed Operations Aggregate?
In an effort to avoid the impact of the completed operations aggregate limit, policyholder counsel sometimes attempt to characterize claims as (1) rip-out exposures, or (2) as relating to "abandoned or unused materials," so as to come within a common insurance policy carve-out from the Completed Operations Hazard.
United States
7 Jun 2012
16
"Every Breath" Of Asbestos Is Not A Substantial Factor In Pennsylvania
The Pennsylvania Supreme Court unanimously found that plaintiffs cannot rely on the theory that "every breath" is a substantial contributing factor in causing an asbestos-related disease in an asbestos case involving friction exposures, i.e., brakes and clutches.
United States
3 Jun 2012
17
Class Actions Against Pharmaceutical Companies Over Off-Label Marketing Claims Have No Leg To Stand On, Third Circuit Rules
In a recent decision of first impression in the U.S. Court of Appeals for the Third Circuit, the court in In re: Schering-Plough Corp. held that two groups of plaintiffs lacked standing to pursue claims against pharmaceutical manufacturer Schering-Plough Corporation and its affiliated marketing and sales companies for marketing drugs for off-label uses.
United States
1 Jun 2012
18
The Circuit Court Split On 'Fraud On The FDA' Continues
On Feb. 22, 2012, the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. District Court for the Northern District of Texas' granting of a defendant drug manufacturer's motion for summary judgment on all claims, including the plaintiffs' failure-to-warn claims, in Lofton v. McNeil Consumer & Specialty Pharmaceuticals Co., No. 10-10956, slip op. (5th Cir. Feb. 22, 2012).
United States
13 Apr 2012
19
The Circuit Court Split On 'Fraud On The FDA' Continues
On Feb. 22, 2012, the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. District Court for the Northern District of Texas' granting of a defendant drug manufacturer's motion for summary judgment on all claims, including the plaintiffs' failure-to-warn claims, in Lofton v. McNeil Consumer & Specialty Pharmaceuticals Co., No. 10-10956, slip op. (5th Cir. Feb. 22, 2012).
United States
21 Mar 2012
20
Fifth Circuit Concludes That U.S. Supreme Court's "Fraud-On-The-FDA" Federal Preemption Precedent Has Broad Application
The defendant drug manufacturer asserted as an affirmative defense the rebuttable presumption that it had complied with all U.S. Food and Drug Administration (FDA) requirements governing its product's labeling.
United States
8 Mar 2012
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