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Products Liability Prof Blog

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Last Entry: August 16, 2009 at 14:17:18

CPSC's Safety Review

Posted on July 07, 2008
The July issue of the U.S. Consumer Product Safety Commission's The Safety Review is available online. Following is an excerpt from the introductory comment, "Picking up the Pace," by Nancy Nord, acting chair of the Commission: Lawmakers responded to my...

Consumer Product Safety Commission Fireworks Safety Tips

Posted on July 03, 2008
As we close in on the Fourth of July it's worth taking a look at the Consumer Product Safety Commission's Fireworks Safety Tips. MKS

New Jersey Superior Court Appellate Division Rules on Merck's Appeal in Vioxx Cases

Posted on July 02, 2008
In McDarby v. Merck & Co., Inc., and Cona v. Merck & Co., Inc., the New Jersey Superior Court Appellate Division on Monday ruled on two appeals involving products liability and consumer fraud claims against Merck. The appeals were heard...

Texas Supreme Court Applies Proportionate Responsibility Law to Implied Warranty Theory

Posted on July 01, 2008
JCW Electronics, Inc. v. Garza, a June 27 decision of the Texas Supreme Court, arose out of the death of Rolando Montez, who was arrested for public intoxication and jailed In the Port Isabel jail. He made a call to...

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New European Commission Product Safety Report

Posted on June 09, 2008
An EU press release notes that on June 5, 2008, European Consumer Affairs Commissioner Meglena Kuneva presented a report by independent experts entitled "Evaluating Business Safety Measures in the Toy Supply Chain." The expert report is the culmination of a...

$6.2 Verdict Against Taser International

Posted on June 07, 2008
An article by Margaret Cronin Fisk in Bloomberg.Com notes that on Friday the plaintiffs in Heston v. City of Salinas, C 05-03658 JW (N.D. Cal. 2008), were awarded damages in a jury trial against Taser International Inc. in the amount...

New Jersey Supreme Court Holds Medical Monitoring Costs Unavailable in Products Liability Absent Manifest Injury

Posted on June 04, 2008
In Sinclair v. Merck & Co., decided June 4, the New Jersey Supreme Court held the New Jersey Products Liability Act does not permit the recovery of costs for medical monitoring where no manifest injury is alleged. The plaintiffs' amended...

Court of Civil Appeals of Texas Reverses Vioxx Case Judgment Against Merck & Co.

Posted on June 03, 2008
On May 29, the Court of Civil Appeals of Texas overturned a plaintiff's judgment in Merck & Co. v. Ernst, a Vioxx case tried in Brazoria County. The decedent's estate filed suit against Merck alleging that the decedent's ingestion of...

R.I. Supreme Court Will Webcast Arguments in Lead Paint Nuisance Appeal

Posted on May 13, 2008
The much-anticipated oral arguments in the various appeals in Rhode Island v. Lead Industries Association will be webcast over the internet on May 15, 2008. Arguments begin at 9:00 AM EDT. At trial, the defendants were found liable on a...

Second Circuit Rejects NYC's Nuisance Suit Against Gun Industry

Posted on May 12, 2008
The U.S. Court of Appeals for the Second Circuit has dismissed a public nuisance suit brought by New York City against gun manufacturers and wholesalers. The court reversed the federal trial court's ruling that the case fit within an exception...

Trial Court Adopts Colacicco Preemption Ruling

Posted on May 07, 2008
Adopting the recent ruling by the Third Circuit in Colacicco v. Apotex, Inc., 521 F.3d 523 (3rd CIr. 2008), a federal trial judge in Illinois has ruled that the U.S. Food & Drug Administration's repeated rejection of a scientific basis...

Consumer Product Safety Commission's "Safety Review" is Now Available

Posted on April 29, 2008
The Consumer Product Safety Commission's monthly electronic newsletter, "Safety Review," is now available. Click here to see it. MKS

$24.2 Million Verdict in Asbestos Suit Against Honeywell International

Posted on April 29, 2008
A Miami Herald article by Patrick Danner notes a Dade County jury verdict of almost $24.2 million for Stephen Guilder in an asbestos suit against Honeywell International. The plaintiff, a fifty-year-old surgeon, was exposed to asbestos when he worked on...

Texas Supreme Court Holds Defective Lighter Claim Preempted by Consumer Product Safety Act

Posted on April 23, 2008
In Bic Pen Corp. v. Carter, ___ S.W.3d ___ (Tex. 2008), decided April 18, 2008, the Texas Supreme Court held that a products liability design defect claim based on the use of a J-26 model BIC lighter was preempted by...

China Publishes New Draft Food Safety law

Posted on April 21, 2008
China published its new draft food safety law on Sunday on the website of the National People's Congress. The draft law was submitted to the NPC Standing Committee in December of last year for the first hearing. The draft makes...

Arkansas Supreme Court Reverses No Preemption Finding in Light of Riegel

Posted on April 17, 2008
In a February ruling, the Arkansas Supreme Court reversed a circuit court's grant of summary judgment in favor of a hearing device manufacturer holding that a design defect claim regarding the allegedly defective product, approved for marketing by the Food...

U.S. Food & Drug Safety Officials Plan Office in China

Posted on April 17, 2008
The U.S. Food & Drug Administration is planning to open an office in China as early as May 2008 once final approval is given by the Chinese government. The initiative is in response to the massive amount of Chinese goods...

Restatement 3d, Products Liability - 10th Anniversary Symposium

Posted on April 16, 2008
The Brooklyn Law School is sponsoring a symposium on November 13 - 14, 2008, occasioned by the tenth anniversary of the Restatement (Third) of Torts - Products Liability. The title of the symposium is "The Products Liability Restatement: Was it...

New York Appellate Court Overturns Negligent-Design Verdict Against Tobacco Companies

Posted on April 15, 2008
A New York appellate court overturned a jury verdict in favor of a decades-long smoker who claimed that the tobacco company defendants negligently designed their products by continuing to produce cigarettes with higher levels of tar and nicotine than so-called...

FDA Drug Regulation Preempts Failure-to-Warn Claim

Posted on April 14, 2008
The U.S. Court of Appeals for the Third Circuit ruled that the Food & Drug Administration's long history of regulating anti-depressants and its explicit rejection of a suicidality warning for the drugs Paxil and Zoloft preempts state-law based failure-to-warn claims...

Eighth Circuit Applies Minnesota Statute of Repose To Bar Recovery for Damages Caused by Ventilation Fan

Posted on April 09, 2008
On April 7 the Eighth Circuit decided Integrity Floor Covering, Inc. v. Broan-Nu Tone LLC, No. 07-1824 (8th Cir. April 7, 2008) a case involving a claim for property damage to a building allegedly caused by a malfunctioning bathroom ventilation...

New York Court Rules Circumstantial Evidence of Product Defect Inadequate

Posted on April 08, 2008
In Ramos v. Howard Industries, N.Y., No. 26, March 13, 2008), the New York Court of Appeals dimissed an electrical lineman's suit against an electrical transformer manufacturer for his failure to rule out causes of the transformer's explosion other than...

California Adopts Sophisticated User Doctrine in Failure-to-Warn Cases

Posted on April 07, 2008
The California Supreme Court unanimously held that the sophisiticated user doctrine applies in California, bringing that state's law into line with both federal law and the law in most states. Johnson v. American Standard Co., Cal. No. S139184, April 3,...

Drug Companies May Be Liable for Off-Label Use of Third Parties' Generics

Posted on March 24, 2008
In a case of first impression in Pennsylvania, a trial judge has refused to grant the defendant drug companies' motion for summary judgment, ruling that those companies may be liable for money paid by patients to other drug companies making...

Supreme Court Upholds Preemption Claim Under Medical Device Amendments

Posted on February 20, 2008
The Supreme Court made it harder for consumers to sue manufacturers of federally-approved medical devices when it ruled in Riegel v. Medtronic that many state common law claims are preempted by federal law. Riegel was injured when a balloon catheter....

Third Circuit Certifies Strict Liability Bystander Recovery Case to Pennsylvania Supreme Court

Posted on February 07, 2008
Berrier v. Simplicity Manufacturing, Inc., No: 05-3621 (3d Cir. Jan. 17, 2008), arose out of injuries sustained by a four-year-old Ashley Berrier when her grandfather inadvertently backed over her foot while mowing his lawn with a riding mower manufactured by...

Teflon Paste Failure-to-Warn Claim Preempted by Medical Device Amendments

Posted on February 04, 2008
In yet another case, a court has ruled that a failure to warn claim regarding a Class III medical device is preempted by the FDA's approval of the product for sale. In Mathis v. E.I. dupont De Nemours & Co.,...

Tobacco Control Legal Consortium Newsletter Overview of Light Cigarette Lawsuits

Posted on February 04, 2008
The latest issue of Legal Update, the Tobacco Control Legal Consortium newsletter, is now available at www.tclconline.org. The issue includes the Legal Consortium?s most recent law synopsis, Light Cigarette Lawsuits in the United States: 2007, an overview of light cigarette...

Oregon Supreme Court Reaffirms $79.5 Punitive Damages Award in Williams

Posted on February 01, 2008
In an opinion issued today the Oregon Supreme Court reaffirmed a $79.5 million punitive damages award in Williams v. Philip Morris Inc., following remand by the Supreme Court in Philip Morris USA v. Williams, 127 S.Ct. 1057 (2007). This is...

Chinese Manufacturer of Tainted Cancer Drugs at Center of Nationwide Drug Scandal

Posted on February 01, 2008
A New York Times article by Jake Hooker and Walt Bogdanich Shanghai Hualian, a large Chinese state-owned pharmaceutical company that exported drugs to dozens of countries, including the U.S., has been the subject of a national drug scandal in China...

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