One of the interesting types of projects your humble blogger gets to work on from time to time concerns product liability and mass tort issues that ar
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Federal Court Offers Cogent Analysis of Warning Causation in Drug Case
A New Jersey federal court granted summary judgment last week to a pharmaceutical defendant in a failure to warn case. See Baker et al. v. APP Pharmac…
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Court of Appeals Affirms Exclusion of Plaintiff Expert Testimony
The Sixth Circuit earlier this month affirmed the exclusion of plaintiff expert testimony seeking to link osteonecrosis of the jaw to plaintiff’s use …
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Fracking Toxic Tort Case Dismissed Per Lone Pine Order
Readers will recall our earlier postings on “fracking”; natural gas from shale rock promises to provide cleaner, abundant energy for the U.S…
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Court Hits Cancel On Bulk of Printer Class Action
A California federal court earlier this month rejected many of the claims in a putative class action against Epson America Inc. Christopher O’Shea, et…
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Appeals Court Upholds Summary Judgment Based on Daubert in Benzene Case
The Sixth Circuit last week upheld the dismissal of a plaintiff”s claim that benzene exposure caused her cancer. Pluck v. BP Oil Pipeline Co., No. 09…
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Appeals Court Applies Sophisticated User Doctrine
A California appeals court earlier this month affirmed a trial court’s dismissal of a product liability failure to warn claim, based on the sophistica…
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Snapple Prevails in All Natural Suit
A federal court granted summary judgment to defendant Snapple in a lawsuit accusing Snapple Beverage Corp. of misleading consumers by labeling drinks …
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Court of Appeals Affirms Exclusion of Plaintiff Causation Experts in Toxic Tort Case
Insecticide manufacturers held on to summary judgment as the Eight Circuit affirmed the lower court’s causation ruling under Daubert. Junk v. Terminix…
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Proof of General Causation in Drug Case Not Automatic
A West Virginia federal court has granted summary judgment against a plaintiff alleging that the heartburn drug metoclopramide caused her tardive dysk…
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