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
Continue Reading Federal Court Offers Cogent Analysis of Warning Causation in Drug Case
WARN
Beverage Maker Not Liable for Alleged Failure to Warn
By Sean Wajert on
The maker of a drink containing alcohol and caffeine was not liable to a woman allegedly injured when the driver of the motorcycle on which she was a …
Continue Reading Beverage Maker Not Liable for Alleged Failure to Warn
State Court Finds No Duty to Spouse of Exposed Worker
By Sean Wajert on
Delaware’s supreme court held last month that an employer owes no duty of care to an employee’s spouse, who allegedly contracted asbestos-related dise…
Continue Reading State Court Finds No Duty to Spouse of Exposed Worker
State Court Upholds Questionable Bystander Liability Claim
By Sean Wajert on
Posted in Articles, Consumer Products
The Montana Supreme Court recently upheld the imposition of liability on a bat manufacturer for allegedly failing to warn about the dangers of aluminu…
Continue Reading State Court Upholds Questionable Bystander Liability Claim
State Supreme Court Upholds Verdict For Device Maker
By Sean Wajert on
Posted in Articles, Drug and Device
The Connecticut Supreme Court recently took a second look at a case offering guidance on the application of the learned intermediary defense, and affi…
Continue Reading State Supreme Court Upholds Verdict For Device Maker
Failure to Warn Claim Survives- But Why?
By Sean Wajert on
Posted in Articles, Consumer Products
Sometimes, manufacturers have to wonder, what good does a warning do if the courts won’t require people to read and heed the warning given? Harley Dav…
Continue Reading Failure to Warn Claim Survives- But Why?
Brand Name Drug Maker Not Liable To Plaintiff Who Used Generics
By Sean Wajert on
Posted in Articles, Drug and Device
A federal trial court in Texas has held that a plaintiff who admitted using only generic products cannot maintain failure to warn claims against brand…
Continue Reading Brand Name Drug Maker Not Liable To Plaintiff Who Used Generics
CAFA Mass Tort Removal in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
A federal court in Illinois recently denied remand of approximately 100 cases involving Trasylol, an anti-bleeding drug, citing the Class Action Fairn…
Continue Reading CAFA Mass Tort Removal in Drug Case
State Supreme Court Clarifies Subsequent Remedial Measure Doctrine
By Sean Wajert on
Posted in Articles, Consumer Products
The Iowa Supreme Court last week issued an interesting decision clarifying the subsequent remedial measure doctrine in that jurisdiction, and offering…
Continue Reading State Supreme Court Clarifies Subsequent Remedial Measure Doctrine