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Products Liability Prof Blog

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

About Products Liability Prof Blog

Posted on August 16, 2009
If you are interested in serving as an editor of Products Liability Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email.

Taking stock of the last 20 years of product liability law

Posted on July 11, 2009
The popular Drug and Device Law blog posted a piece yesterday where they reviewed the developments in product liability law for the last few decades and graded them in relation to help to their corporate clients. It is a nice...

GM Product Liability Plaintiffs Better Off Than Secured Creditors

Posted on July 02, 2009
General Motors Corporation has agreed to assume responsibility for all future liability claims filed after the automaker emerges from bankruptcy, regardless of when the vehicle was made. GM had planned to include its product liability claims with its bad assets...

Post-Sale Duties Update

Posted on June 29, 2009
An article in the most recent issue (74:3) of the Brooklyn Law Review by Ken Ross and J. David Prince provides an overview of the post-sale duty sections of the Restatement (Third) of Torts: Products Liability. The article discusses the...

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Continuous Infusion Pain Pump Case Dismissed

Posted on June 29, 2009
Judge K. Michael Moore of the United States District Court for the Southern District of Florida granted summary judgment for the defendant in Kilpatrick v. Breg, Inc.: Download Kilpatrick - Order for SJ, one of about 200 continuous infusion pain...

The End of Preemption Preambles?

Posted on May 21, 2009
Yesterday, President Obama issued a memorandum calling for a rollback of Bush Administration regulations that included claims, often in the form of a preamble to a set of agency regulations, that the federal agency's regulations preempted state law. Obama's memo...

New York Court of Appeals and Delegation of Safety Choices to Employers

Posted on May 06, 2009
In Passante v. Agway Consumer Products, Inc., decided on May 5, the New York Court of Appeals considered a products liability case in which the plaintiff's employer, given a choice in product selection, selected a product without a safety device...

Attorneys Highlight Problems Created by the Consumer Product Safety Improvement Act

Posted on April 22, 2009
A National Law Journal article by Marcia Coyle focuses on the continuing debate over the Consumer Product Safety Improvement Act, focusing this time on the difficulties attorneys have in advising their business clients about the impact of the Act. Ken...

State Food Inspections Vary Significantly

Posted on April 21, 2009
A New York Times article by Gardiner Harris points out the significant variances in state food inspection. The article notes that while Congress and the Obama administration have noted the need for new food production rules and more inspections, less...

Mega Brands America agrees to $1.1 Million Civil Penalty Arising from Dangers in Magnetic Building Sets

Posted on April 15, 2009
The Consumer Product Safety Commission announced in an April 14 releasethat Mega Brands America has agreed to pay a $1.1 million civil penalty, which the Commission has provisionally accepted, to settle allegations that Mega Brands America, formerly Rose Art Industries,...

FDA Update on the Pistachio Recall

Posted on April 09, 2009
The FDA's "In the spotlight" focuses on the recent pistachio recall. The FDA and California Department of Health are continuing their investigation of salmonella contamination in pistachios and pistachio products. Setton Pistachio, Terra Bella, Calif...

Consumer Product Safety Commission Announces $1,055,00 Civil Penalty

Posted on April 09, 2009
The U.S. Consumer Product Safety Commission (CPSC) announced in aTuesday release that 14 firms have agreed to pay a total of $1,055,000 in civil penalties to "settle allegations that the firms knowingly failed to report to the CPSC immediately, as...

NINTH CIRCUIT CERTIFIES STATUTE OF LIMITATIONS ISSUE TO CALIFORNIA SUPREME COURT

Posted on April 08, 2009
In Pooshs v. Phillip Morris USA, Inc., ___ F.3d ___ (9th Cir. April 1, 2009), Nikki Pooshs brought suit against the defendants based upon her terminal lung cancer, alleging a variety of theories, including "(1) negligence; (2) product liability; (3)....

Fifth Circuit Applies Texas Learned Intermediary Law to Bar Recovery in Ebel v. Eli Lilly & Co.

Posted on April 03, 2009
In Ebel v. Eli Lilly & Co., ___ F.3d ___ (5th Cir. March 30, 2009), the Fifth Circuit in a per curiam opinion applied the learned intermediary defense to bar recovery in a wrongful death action arising out of Philip...

Supreme Court Dismisses Writ of Certiorari in Philip Morris USA, Inc. v. Williams

Posted on April 01, 2009
On March 31 the Supreme Cout of the United States dismissed the writ of certiorari as impovidently granted in Philip Morris USA Inc. v. Williams. The dismissal means that the $79.5 million punitive damages award affirmed by the Oregon Supreme...

Nothing Related to Products Liability

Posted on March 16, 2009
But Professor Anthony Varnoa at American University asked nicely, so here is the announcement of their conference and call for papers: LatCrit XIV: Fourteenth Annual LatCrit Conference www.latcrit.org CALL FOR PAPERS & PANELS OUTSIDERS INSIDE: CRITICAL OUTSIDER THEORY AND PRAXIS...

Supreme Court Finds No Preemption in Wyeth v. Levine

Posted on March 04, 2009

Florida Jury Awards $8,000,000 against Philip Morris USA

Posted on February 19, 2009
A Miami Herald article today by Patrick Danner notes that a Florida jury in the Hess case, noted on February 13 on this blog, awarded $8,000,000 to the widow and son of Stuart Hess, who died of lung cancer as...

Wisconsin Supreme Court Rules Product Liability Claim Against Device Manufacturer Preempted

Posted on February 18, 2009
The Wisconsin Supreme Court ruled yesterday that state law tort claims against the manufacturer of an FDA-approved medical device are preempted. In Blunt v. Medtronic, 2009 WL 367768 (Wis., 2-17-09), the Wisconsin court concluded that the U.S. Supreme Court's ruling...

Florida Jury: Smoker Was Addicted

Posted on February 13, 2009
In the latest chapter in the long-running Engle tobacco litigation saga that began in 1994, a Florida jury has found that Stuart Hess, a 40-year chain smoker who died in 1997, was helplessly addicted to nicotine as a result of...

CPSIA Activity for this week - it went from bad to worse

Posted on February 05, 2009
This was an active week regarding CPSIA implementation (or non-implementation). Last Friday, as my last blog summarized, the CPSC approved a stay of certain testing and certification requirements. Then on Tuesday, they issued a ballot for another stay, this time...

Criminalizing Products Liability

Posted on February 04, 2009
Professor Frank J. Vandall of Emory University School of Law has published an article entitled "The Criminalization of Products Liability: An Invitation to Political Abuse, Preemption, and Non-Enforcement," in 59 Cath. U.L. Rev. 341 (2008). The SSRN abstract reads as...

CPSC stays enforcement of testing and certification provisions

Posted on January 31, 2009
Under crushing pressure from manufacturers, the CPSC issued a 1-year stay on enforcement of the testing and certification provisions for certain products. However, the CPSC made it clear that manufacturers and retailers can still be fined for selling products after...

Webcast - Litigate the Torts, Not the Mass

Posted on January 29, 2009
The Washington Legal Foundation is hosting a web seminar entitled "Litigate the Torts, Not the Mass" on Friday, January 30th beginning at 10:00 a.m. EST. My apologies for this late notice. The details are below as is a link to...

CPSC meeting with manufacturers concerning exclusions to lead testing

Posted on January 27, 2009
The CPSC posted details yesterday of a meeting with various trade associations including the Craft Yarn Council and Needlearts Association on January 22 where they were presented information about the lack of lead in certain materials. Here is a summary...

CPSIA activity for last week

Posted on January 25, 2009
After Congressional leaders sent their letter of January 16th to the CPSC (see January 20 post), two Republican Congressman sent a letter to Chairman Waxman (see Barton letter to Waxman 1.21.09 ) on the 21st demanding hearings. Business leaders and...

Prosser and Strict Products Liability

Posted on January 23, 2009
Professor Christopher J. Robinette at Widener University School of Law has authored a very interesting article regarding several of William Prosser's seminal accomplishments such as his influential contribution to the development of strict products liability law...

Peanut Butter Related Salmonella Lawsuit Filed

Posted on January 21, 2009
A Marler Clark press release notes that it filed a lawsuit on January 20 against the Peanut Corporation of America in the United States District Court for the Middle District of Georgia based on the national outbreak of Salmonella Typhimurium...

Congress applies pressure on CPSC

Posted on January 20, 2009
Congress sent a letter to the CPSC last Friday concerning CPSIA and implored CPSC to clarify things for manufacturers in four areas so they could comply with the February 10 implementation date of some of the Act's provisions. Procedurally this...

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