Posts Tagged ‘product liability’

Pharmaceutical roundup

  • What if law firms advertising about drugs had to live with the same set of rules as drug firms advertising about drugs? [Beck, Drug and Device Law]
  • Jury: no injury damages for testosterone-gel plaintiff, but lawyer got us upset at AbbVie so here’s $150 million anyway [Lisa Schencker, Chicago Tribune]
  • “Plaintiff’s design defect claim was that the defendant shouldn’t have used ibuprofen at all, but rather [an alternative compound] even though the FDA has not approved [that compound] for sale in the United States.” That won’t fly even in California [Beck]
  • Sky-high prices: “The pharmaceutical market is anything but free at present” [Marc Joffe, Reason]
  • Opioids epidemic poses a policy challenge but no time to panic [Jeffrey Singer/Cato, related podcast, op-ed, panel; an ACA angle?]
  • “Gene editing isn’t about designer babies, it’s about hope for people like me” [Alex Lee, Guardian]

May 24 roundup

July 15 roundup

February 27 roundup

“SawStop suit stopped”

Last month federal district judge Claude Hilton dismissed an antitrust suit filed against rival makers of table saws by SawStop, a company that has patented a table saw with innovative safety features. “Hilton’s ruling, while a blow to SawStop, has no legal bearing on the company’s efforts to get the Consumer Product Safety Commission to require the use of their technology on most table saws sold in the U.S.” Trial lawyers at Boies Schiller and elsewhere have also filed numerous product liability suits against makers of conventional saws; many saw users prefer to go on buying conventional saws, which are much less expensive, in preference to using the SawStop system [David Frane, Tools of the Trade, background; earlier]

Liability roundup

  • By convention the business/defense side isn’t fond of jury trial while plaintiff’s side sings its praises, but Louisiana fight might turn that image on its head [Hayride, sequel at TortsProf (measure fails)]
  • Generous tort law, modern industrial economy, doing away with principle of limited liability: pick (at most) two of three [Megan McArdle]
  • Fallacies about Stella Liebeck McDonald’s hot coffee case go on and on, which means correctives need to keep coming too [Jim Dedman, DRI]
  • Interaction of products liability with workplace injury often provides multiple bites at compensation apple, overdue for reform [Michael Krauss]
  • Ford Motor is among most recent seeking to pull back the curtain on asbestos bankruptcy shenanigans [Daniel Fisher; related, Washington Examiner] “Page after page he sits on the straw man’s chest, punching him in the face” [David Oliver on expert affidavit in asbestos case]
  • Kansas moves to raise med-mal caps as directed by state supreme court, rebuffs business requests for collateral source rule reform [Kansas Medical Society]
  • Let’s hope so: “More stringent pleading for class actions?” [Matthew J.B. Lawrence via Andrew Trask, Class Strategist]