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Your search for Articles on products liability, found 314 article(s).

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1 Third Circuit Holds Suicide Warning Claims Preempted By FDA Approval
Barry Levenstam; Jenner & Block LLP;
July 18, 2008, previously published on May 2008
In Colacicco v. Apotex Inc., 521 F.3d 253 (3rd Cir. 2008), the Third Circuit addressed the question whether the actions taken by the FDA under the federal Food, Drug, and Cosmetic Act and its regulations preempt state law claims alleging liability based on the failure of the drug manufacturer to...

2 District Court in Illinois Applies Colacicco's Preemption Holding
Barry Levenstam; Jenner & Block LLP;
July 18, 2008, previously published on May 2008
In Mason v. SmithKline Beecham Corp., No. 05-1252, 2008 WL 1835350 (C.D. Ill. Apr. 23, 2008), the district court confronted claims that the defendant drug manufacturer should be held liable on theories of negligence, strict liability, breach of warranty, and fraud in the suicide death of a young...

3 Fifth Circuit Rules that Vendor's Endorsement in Manufacturer's Policy Provides Coverage to Seller of Product
Hunton & Williams LLP;
July 16, 2008, previously published on June 2008
Vacating the district court's ruling in a products liability action and remanding for further proceedings, the United States Court of Appeals for the Fifth Circuit held that, under Louisiana law, a claimsmade products/completed operations liability insurance policy issued by an insurer to a...

4 New York Federal Court Rejects Product Liability Insurance Claim Made Against a General Liability Policy
Summer Lee Sylva; Holland & Knight LLP;
July 7, 2008, previously published on June 24, 2008
The United States District Court for the Southern District of New York, applying the law of the state of New Hampshire, recently denied plaintiff Tradin Organics USA, Inc. (Tradin), an organic food distributor, recovery on a product liability claim filed with its insurer, defendant Maryland...

5 The Constitutionality of Ohio's Statute of Repose for Claims Involving Improvements to Real Property
Katrina R. Atkins; Dinsmore & Shohl LLP;
July 9, 2008, previously published on June 24, 2008
The Ohio General Assembly enacted Senate Bill 80 as part of its effort to implement tort reform, adding a ten-year statute of repose to claims involving improvements to real property.

6 Ahlberg v. Chrysler - Eighth Circuit Limits Evidence of Prior Litigation and Product Recalls and Sets Tough Standard for Former Employee "Expert" Testimony
Matthew Z. Zimmerman; Holland & Knight LLP;
July 7, 2008, previously published on June 24, 2008
Plaintiffs often seek to expand the scope of admissible evidence far beyond that necessary to prove the elements of their case.

7 FDA Issues Proposed Rule on Pregnancy and Lactation Labeling
Christina M. Markus, Beverly Lorell; King & Spalding LLP;
June 26, 2008, previously published on June 10, 2008
On May 29th, FDA issued a proposed rule that would require major revisions of both the format and content of prescription drug and biological labeling with respect to pregnancy and lactation. The FDA states that the revised labeling is intended to provide more complete information for physicians...

8 Recent Nanotechnology Developments: Finding a Middle Ground between Identifying Real Health Concerns and Reacting to Alarmist Rhetoric
Margaret L. Sanner, Christopher L. Rissetto, Stephanie E. Giese; Reed Smith LLP;
June 23, 2008, previously published on June 2008
This past month, scientists released results from a study linking carbon nanotube (CNT) exposure in mice to the development of cell pathologies identified as possible precursors to mesothelioma in humans.

9 With Efforts Underway to Overhaul the CPSC, Now Is the Time to Re-Examine Consumer Product Safety Compliance Programs
Robert B. Hopkins; Duane Morris LLP;
June 19, 2008, previously published on May 28, 2008
Bipartisan efforts are well underway in the U.S. Congress to make sweeping changes to the laws enforced by the Consumer Product Safety Commission (the "CPSC"), the federal agency that regulates the safety of consumer products.

10 California Supreme Court Adopts Sophisticated User Defense
Goodwin Procter LLP;
June 18, 2008, previously published on April 4, 2008
The California Supreme Court announced that it has adopted the "sophisticated user" defense in products liability and toxic tort actions. Johnson v. American Standard, Inc., slip op. S139184 (April 3, 2008).


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