The Court of Appeals for the Second Circuit has ruled that a products liability claim against a catheter manufacturer are preempted. More specifically, the Court held that “tort claims that allege liability as to a PMA-approved medical device, notwithstanding that device’s adherence to the standards upon which it obtained premarket…
The number of products liability lawsuits filed in federal courts is declining. According to an article posted at www.insurancejournal.com, the number of federal products liability lawsuits declined by 14% last year and are on pace to decline 16% this year. Read the article here. The study itself may be found…
I love to ride a jet ski. In fact, I have had a Yahama Waverunner since 1999 and my beautiful wife just bought me the Mac- Daddy Seadoo (which will go 80 MPH and will rock your world). So it was with more than my usual “I-love-torts-so-I-will-read-dang-near-court-opinion-on-the-subject” attitude that I…
An analysis by Forbes. The title says it all: “Merck’s got to keep fighting.”
What happens when your smoke detector fails to work? Plaintiffs bought two smoke detectors for their home. According to The Business Review, “The detectors at issue were ionization type smoke detectors that sense high temperature, fast moving fires, as opposed to detectors employing photoelectric cells which are better at detecting…
Here is probably the best article I have read about the status of Vioxx litigation after the New Jersey verdicts.
The New Jersey jury awarded $9.0 Million in punitive damages. Perfect. Within the range of reason. Merck will suffer the sting of the shilling but not be able to argue that it took a head shot. Recall that punitives were capped at $22.5M. Nice work. BIG NEWS: Under New Jersey…
The jury has punitive damages under consideration. Read more here.
The New Jersey trial judge is going to let the jury decide the punitive damages issue. The arguments on punitives will be heard on Monday. Read more here.
Now, the punitive damage phase. Read here.