Topic
Product Identification
17 published works
HeplerBroom Blog
Tapped Out: Bankruptcies in Asbestos Litigation and Their Effect on Product Identification
Explores changes in products identified in asbestos litigation and whether that’s a result of bankruptcies of companies that manufactured/sold asbestos-containing products. Also explores who’s responsible to elicit information about those…
Drug & Device Law
New Jersey Dismisses Case Due to No Product Identification
We are six weeks into 2021 and for most, it stills feels a lot like 2020. We are starting to hear about restrictions being lifted or modified to allow for…
Drug & Device Law
What Exactly Did the Pennsylvania Supreme Court Do in Walsh?
By Bexis
The Pennsylvania Supreme Court recently decided Walsh v. BASF Corp., ___ A.3d ___, 2020 WL 4135151 (Pa. July 21, 2020), reaffirming product identification as an essential element of product liability.…
Drug & Device Law
“Permissible Inference” Supplants Product ID in Case from Washington Court of Appeals
We write today fresh from a short cruise to celebrate a milestone birthday of the Drug and Device Law Dowager Countess. We view cruising, and the limitations of its inevitable…
Drug & Device Law
Court Dismisses Medical Device Claims That Named Many Defendants But Picked None Of Them
In drug and device litigation, product identification can be a significant issue. Many of us have poured over medical records and worked through question modules at depositions to determine whether…
Drug & Device Law
No Innovator Liability: National Drug Code Saves the Day
This is a quick-hit post as we head into the Independence Day holiday weekend. The Southern District of West Virginia’s order this week in McNair v. Johnson & Johnson, No. 2:14-17463, 2015…
Drug & Device Law
Deflated TwIqbal: New England Compounding MDL Court Won’t Block Vague/Broad Claims Against Health Providers
Any time you find yourself drawing an analogy to asbestos lawsuits, you know you're in trouble. We have too often heard plaintiff lawyers or, worse, judges advocate for borrowing procedures…
Product Liability & Mass Torts Blog
California Court of Appeal Interprets Product Identification Standard and Grants Summary Judgment
California courts have, for years, wrestled with the standard for product identification in asbestos cases. While courts have allowed plaintiffs’ claims to survive summary judgment based on inferences of exposure…
Mass Tort Defense
Summary Judgment Granted on Product Identification
By Sean Wajert
Sometimes simpler is better. In product liability litigation nothing is more basic, perhaps, than proof the plaintiff used defendant's product. Last w
Drug & Device Law
Does the “N.D.” in N.D. Mississippi Stand For No Doubt? A Good Decision on Branded and Generic Liability
We were recently talking with the Drug and Device Law Heirs about going to a movie. There was a suggestion to see Les Miserables, but we declined. We had sat…