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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Beverage Maker Not Liable for Alleged Failure to Warn
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 …
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State Court Finds No Duty to Spouse of Exposed Worker
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…
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State Court Upholds Questionable Bystander Liability Claim
The Montana Supreme Court recently upheld the imposition of liability on a bat manufacturer for allegedly failing to warn about the dangers of aluminu…
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State Supreme Court Upholds Verdict For Device Maker
The Connecticut Supreme Court recently took a second look at a case offering guidance on the application of the learned intermediary defense, and affi…
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Failure to Warn Claim Survives- But Why?
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…
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Brand Name Drug Maker Not Liable To Plaintiff Who Used Generics
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…
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CAFA Mass Tort Removal in Drug Case
A federal court in Illinois recently denied remand of approximately 100 cases involving Trasylol, an anti-bleeding drug, citing the Class Action Fairn…
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State Supreme Court Clarifies Subsequent Remedial Measure Doctrine
The Iowa Supreme Court last week issued an interesting decision clarifying the subsequent remedial measure doctrine in that jurisdiction, and offering…
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