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Searching Content by Sharon Caffrey from Duane Morris LLP ordered by Published Date Descending.
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1
Supreme Court Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law, a "bare-metal" manufacturer is liable for failure to warn of dangers posed...
United States
29 May 2019
2
SCOTUS Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law.
United States
2 Apr 2019
3
Eastern District Predicts "Bare Metal Defense" Available Under Pennsylvania Law
In Schwartz, the decedent-plaintiff was employed as an airplane propeller mechanic and crew chief from 1957 to 1967 at two Air Force bases in Pennsylvania. Defendant Pratt & Whitney manufactured airplane engines.
United States
14 Aug 2015
4
Pennsylvania Supreme Court Adopts New Standards For Strict Liability Claims
On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc. (No. 17 MAP 2013), in which it addresses the proper standard under Pennsylvania law for strict liability claims relating to allegedly defective products.
United States
22 Dec 2014
5
Pa. Superior Court Confirms Statutory Right Of Repose For Improvements To Real Estate In Asbestos Cases
The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case.
United States
9 Jul 2014
6
FACT Act Promises Transparency In Bankruptcy Trust Claims And Payments For Asbestos Exposure
Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments.
United States
19 Nov 2013
7
Supreme Court Holds FDCA Preempts Common Law Design-Defect Claim Against Generic Drugs
On June 24, 2013, the U.S. Supreme Court held in "Mutual Pharmaceutical Co., Inc. v. Bartlett" that the Federal Food, Drug, and Cosmetic Act preempted the respondent's common law claim for damages arising from the alleged defective design of a generic pharmaceutical.
United States
15 Jul 2013
8
"Every Breath" Theory: On Its Last Breaths?
The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure.
United States
28 Jan 2013
9
Third Circuit Ruling Affords Defendants Protection From Amended Complaints After Statute Of Limitations Runs Out
The U.S. Court of Appeals for the Third Circuit limited plaintiffs' ability to add claims to a complaint under the relation back provision of Federal Rule of Civil Procedure 15(c) in Glover v. FDIC, No. 11-3382 (Sept. 5, 2012).
United States
12 Sep 2012
10
"Every Breath" Of Asbestos Is Not A Substantial Factor In Pennsylvania
The Pennsylvania Supreme Court unanimously found that plaintiffs cannot rely on the theory that "every breath" is a substantial contributing factor in causing an asbestos-related disease in an asbestos case involving friction exposures, i.e., brakes and clutches.
United States
3 Jun 2012
11
The Circuit Court Split On 'Fraud On The FDA' Continues
On Feb. 22, 2012, the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. District Court for the Northern District of Texas' granting of a defendant drug manufacturer's motion for summary judgment on all claims, including the plaintiffs' failure-to-warn claims, in Lofton v. McNeil Consumer & Specialty Pharmaceuticals Co., No. 10-10956, slip op. (5th Cir. Feb. 22, 2012).
United States
13 Apr 2012
12
The Circuit Court Split On 'Fraud On The FDA' Continues
On Feb. 22, 2012, the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. District Court for the Northern District of Texas' granting of a defendant drug manufacturer's motion for summary judgment on all claims, including the plaintiffs' failure-to-warn claims, in Lofton v. McNeil Consumer & Specialty Pharmaceuticals Co., No. 10-10956, slip op. (5th Cir. Feb. 22, 2012).
United States
21 Mar 2012
13
Fifth Circuit Concludes That U.S. Supreme Court's "Fraud-On-The-FDA" Federal Preemption Precedent Has Broad Application
The defendant drug manufacturer asserted as an affirmative defense the rebuttable presumption that it had complied with all U.S. Food and Drug Administration (FDA) requirements governing its product's labeling.
United States
8 Mar 2012
14
Philadelphia Common Pleas Court Issues General Court Regulation On Mass Tort And Asbestos Programs
On February 15, 2012, the Philadelphia Court of Common Pleas issued General Court Regulation No. 2012-01, significantly altering the protocol governing mass tort cases.
United States
29 Feb 2012
15
Supreme Court Orders Ninth Circuit To Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer
During its October 28, 2011, conference, the U.S. Supreme Court remanded to the Ninth Circuit its ruling denying federal preemption to a generic manufacturer of ibuprofen to be reassessed in light of the Court's Mensing decision last term.
United States
7 Nov 2011
16
New Pennsylvania Law Limits Joint And Several Liability
On June 28, 2011, Pennsylvania Gov. Tom Corbett signed into law Senate Bill 1131; and in doing so, the future of joint and several liability in Pennsylvania was reduced to a list of exceptions.
United States
4 Jul 2011
17
U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers
On June 23, 2011, the U.S. Supreme Court issued a decision in Pliva, Inc. v. Mensing, holding that state-law claims against generic drug manufacturers are federally preempted pursuant to the Supremacy Clause of the U.S. Constitution.
United States
27 Jun 2011
18
In Drug Products Liability, Pa. Supreme Court Denies Attempt To Introduce "Failure-to-Warn" Theories Of First Impression
On April 18, 2011, the Pennsylvania Supreme Court denied a plaintiff's petition for allowance of appeal in Cochran v. Wyeth, Inc., effectively halting the plaintiff's attempt to introduce theories of first impression that would have directly affected the landscape of drug products liability law.
United States
13 May 2011
19
FDA Food Safety Modernization Act Passes U.S. Senate
On November 30, 2010, the U.S. Senate passed the FDA Food Safety Modernization Act, the goal of which is to keep unsafe foods from reaching American consumers.
United States
7 Dec 2010
20
In "Stricker" Case, District Court to Dismiss Medicare's Suit Seeking Reimbursement from Defendants, Insurers and Attorneys
In December 2009 in "United States v. Stricker", the U.S. government filed suit against chemical companies, insurers and several plaintiffs' attorneys who participated in the $300 million "Abernathy v. Monsanto" class action settlement.
United States
 
25 Sep 2010
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