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Category Archives: Product Liability

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“Product Liability in Markets for Vertically Differentiated Products”

Posted in Litigation Industry, Product Liability
Academic exploration of product liability as to product safety levels: American Law and Economics Review, Volume 20, Issue 1, 1 April 2018, Pages 46–81, Published:   14 July 2017 The abstract explains: “This article shows that shifting losses from consumers with heterogeneous harm levels to vertically differentiated duopolists increases product safety levels, while narrowing the degree… Continue Reading

“The Future is Now:” New Opportunities and Risks from New Science and Technology

Posted in Product Liability, Science
This week brings another example of how quickly science and technology are providing new opportunities and risks related to new products and/or liability risks.  Specifically, here’s a December 21, 2016 article from Weil explaining where things are going – quickly – on vehicles and technology as NHTSA tosses out proposed tules on vehicles being able… Continue Reading

Cumulative Harm and Resilient Liability Rules for Product Markets

Posted in Product Liability
 I’ve not yet read it, but a recent  law and economics paper on product liability looks interesting. The abstract is below. A prior draft is online at this page of SSRN.  __________________________________________________________________________________ Cumulative Harm and Resilient Liability Rules for Product Markets Andrew F. Daughety Vanderbilt University Jennifer F. Reinganum Vanderbilt University Abstract   In the traditional… Continue Reading

Sealing a Punitive Damages Verdict for Plaintiff When Multiple Trials Are Ongoing in One Court

Posted in Product Liability, Punitives
Here is an interesting post from the Mass Torts Profs Blog on Judge Moss in Philadelphia granting a defense motion to seal a punitive damages verdict for plaintiffs that was entered in one Prempro trial. The defense argument was that the punitive damages verdict for the plaintiff might bias the jury in an ongoing Prempro… Continue Reading

Sponsored Research – The Conundrum

Posted in Mass Tort Issues, Policy Issues, Product Liability, Science
What to do with sponsored research – take it at face value, disregard it completely, or use it subject to considering whether to reduce its weight due to the sponsorship (assuming the sponsorship is disclosed). The debate today ranges across a wide spectrum of information sources and decision-makers. Of note yesterday, an NYT article by… Continue Reading

5th Circuit Weighs in on Rocket Dockets, Venue and Forum Shopping

Posted in Mass Tort Issues, Policy Issues, Product Liability, Propensity to Claim
A new en banc 5th Circuit opinion from a strongly divided court grants the extraordinary remedy of mandamus to overturn perceived forum shopping related to a “rocket docket” in the Eastern District of Texas. Much is being made of this opinion in many contexts, including patent law and product liability cases. Opinions on venues and… Continue Reading

Courts Are Indeed Making Changes to the Law for Information-Related Tort Claims and New Article on Additional Changes and Impacts

Posted in Criminal Law and Torts, Mass Tort Issues, Policy Issues, Product Liability, Science
For some time now, I’ve been writing about potential changes in product liability law due to rapid changes in communication and science. In a February, 2007 article for Corporate Counsel, I addressed various changes, including the widespread availability of scientific information and its impact on information-related tort claims. The article included my prediction that “sophisticated… Continue Reading

Defective Drug Manufacturing Claims, Preemption, Heparin and China Connections

Posted in China, Drugs, Mass Tort Issues, Policy Issues, Preemption, Product Liability
For those interested in “mass tort” issues, well worth reading is today’s National Law Journal article regarding the recent wave of manufacturing defect product liability claims arising from drugs manufactured in China. The interesting points discussed include whether or how federal preemption principles will apply, and some aspects of claiming against Chinese entities. Not mentioned… Continue Reading