Tags » Products Liability

United States Supreme Court Decides that FDA Impossibility Pre-emption is a Matter for Judges, not Jurors

Jordan Lipp, Esq. | Managing Member, Childs McCune

It is a basic tenant of Constitutional law that if it is impossible to comply with both state and federal law, the state law is preempted and only the federal law controls. 412 more words

FDA

Belville v. Ford Motor Co. (P)

In this products-liability suit arising from an alleged manufacturing defect in Ford vehicles, the district court properly dismissed the claims of certain plaintiffs, excluded plaintiffs’ three experts’ opinions, and granted summary judgment to Ford on all claims. 203 more words

Opinions

Burrell v. Bayer Corp. (P)

In this North Carolina personal-injury suit, the plaintiff’s claims seeking damages for violation of state tort and products-liability law do not fall within the small class of cases in which state-law claims arise under federal law for purpose of federal-question jurisdiction. 72 more words

Opinions

Supreme Court Cases to Watch This Term

Courtney Young, Esq. | Senior Attorney, Medmarc Risk Management

This term (which began last month), the Supreme Court will hear a number of cases that may affect the life sciences industry. 177 more words

Life Sciences Industry News

Do “innocent bystanders” have standing to assert product liability claims against product manufacturers for defective design or manufacture?

It is not at all uncommon to be involved in products liability litigation arising from alleged personal injuries resulting from a supposedly defective product. Typically, the plaintiff (or plaintiff’s estate) asserts that he or she was using the product and, because of the defect, suffered injuries. 954 more words

Litigation

Plaintiff Runs out of Time in Prosthetic Hip Lawsuit

Device makers know all too well they can be hit with a Warning Letter for failure to file a medical device report (MDR) when they reasonably should have known the device was associated with an adverse event, but a plaintiff in a lawsuit over a hip implant recently… 462 more words

Regulatory News