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Articles on products liability
 

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Adobe PDFFederal Appeals Court Affirms Imposition of Civil Money Penalties against Device Manufacturer and Individual Corporate Officer for Failure to File Medical Device Reports
Daniel A. Kracov, Arthur N. Levine, Jennifer Newberger, Vernessa T. Pollard; Arnold & Porter LLP;
November 5, 2009, previously published on November 2009
In TMJ Implants, Inc. v. United States Department of Health & Human Services, the United States Court of Appeals for the Tenth Circuit addressed the standards for liability for civil monetary penalties (CMPs) for the failure to file medical device reports (MDRs), and affirmed the US Food and...

 

Adobe PDFYour Shoes Could be a Pesticide
Lisa L. Halko, Daniel Leacox; Greenberg Traurig, LLP;
November 5, 2009, previously published on October 2009
The U.S. Environmental Protection Agency (USEPA) recently sued a clothing company for selling shoes as pesticide products without proper registration. Shoe labels claimed that silver in the foot bed has antimicrobial properties.

 

HTMLMinnesota Supreme Court Decision Impacts Liability Exposure
Jeffrey S. Fertl, Shushanie E. Kindseth, Melissa J. Lauritch; Hinshaw & Culbertson LLP;
November 5, 2009, previously published on November 2, 2009
On September 3, 2009, the Supreme Court of Minnesota issued its opinion in Fleeger v. Wyeth, et al., Case No. A08-2124 (771 N.W.2d 524). The decision impacts the liability exposure of product manufacturers when a claim is brought in Minnesota.

 

HTMLNew Fire Safe Cigarette Certification - Deadlines in 2010
Paige S. Fitzgerald, Nancyellen Keane; Troutman Sanders LLP;
October 28, 2009, previously published on October 23, 2009
In 2003, New York passed legislation designed to enhance safety by requiring cigarettes sold in New York after June 2004 to be manufactured with papers that would make the cigarettes self-extinguishing. This initial piece of legislation on the subject of fire safe cigarettes, New York's fire safe...

 

HTMLAppeals Court Creates Anticipated Showdown in the California Supreme Court on Replacement Parts Liability
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
October 26, 2009, previously published on October 19, 2009
In direct contrast to an earlier decision, the California Court of Appeals, Second Appellate District, recently held that pump and valve manufacturers on board navy ships may face liability for injury caused by asbestos-containing packing and insulation used in conjunction with their products.

 

HTMLWhen Is a Blogger a Product "Endorser"?
Venable LLP;
October 26, 2009, previously published on October 16, 2009
The Guides define "endorsement" as "any advertising message that consumers are likely to believe reflects the opinions . . . of a party other than the sponsoring advertiser" - including consumer bloggers. The fundamental question is whether the speaker is (1) acting...

 

HTML"Dark as a Dungeon and Damp as the Dew..." The Supreme Court of Canada Evaluates Insurance Policy Exclusions for Loss Occasioned by "Faulty or Improper Design"
Hartley Lefton, Peter E.J. Wells; Lang Michener LLP;
October 26, 2009, previously published on October 20, 2009
A recent judgment by the Supreme Court of Canada ("SCC") has clarified the standard necessary for the "faulty or improper design" insurance exclusion to apply. Typically, this exclusion will relieve an insurer from providing indemnity for a loss resulting from design problems...

 

Adobe PDFFTC Adopts Revised Guides Concerning the Use of Endorsements and Testimonials in Advertising
Kaye Scholer LLP;
October 16, 2009, previously published on October 8, 2009
On October 5, 2009, the Federal Trade Commission approved final revisions to its "Guides Concerning the Use of Endorsements and Testimonials in Advertising" (the "Guides"). The Guides concern endorsements and testimonials by consumers, experts, organizations and celebrities, and...

 

HTMLThe FTC's New Guides Governing the Use of Endorsements and Testimonials
Manatt, Phelps & Phillips, LLP;
October 14, 2009, previously published on October 7, 2009
This week, the Federal Trade Commission (FTC) released its long-awaited revisions to its Testimonial and Endorsement Guides (the "Guides"). The Guides were last updated in 1980, and the revised Guides will go into effect on December 1, 2009.

 

HTMLAnheuser-Busch Drops Promos at Certain Colleges
Manatt, Phelps & Phillips, LLP;
October 14, 2009, previously published on October 8, 2009
Anheuser-Busch InBev is shelving its "Fan Cans" promotions in college communities, in response to complaints that the campaign, which sells cans of Bud Light in school colors, promotes underage drinking and infringes on trademarks.

 


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