Topic
Strict Liability
146 published works
Drug & Device Law
How Does a Bad Idea Get Implanted?
Not so long ago we discussed how Pennsylvania law clearly precludes prescription medical product strict liability, but plaintiffs keep asserting that cause of action anyway. The plaintiff bar is nothing if not persistent.…
Drug & Device Law
NO PRESCRIPTION MEDICAL PRODUCT STRICT LIABILITY IN PENNSYLVANIA
If you are a parent, you’ve probably thought (more than once) that you speak a language your children do not understand. After all, when you say “put your shoes away” or “stop hitting…
IM Insights
SEC Commissioner: Don’t Hold CCOs Accountable for Misdeeds of Advisers
By Jay G. Baris
SEC Commissioner Daniel Gallagher, in a speech on June 25, 2015, said that a perceived trend by the SEC toward “strict liability” for chief compliance officers (CCOs) is “sending a…
Drug & Device Law
MDL Court Agrees – Tincher Doesn’t Change Pennsylvania Drug/Device Law
By Bexis
Several months ago we responded with some disdain to recent plaintiff-side arguments we had seen claiming that the strict liability decision in Tincher v. Omega Flex, Inc., 104 A.3d 328…
Drug & Device Law
Don’t Mix Apples & Bricks – Tincher Didn’t Change Pa. Drug/Device Law
By Bexis
In our initial post about Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), we stated up front that we didn’t think that Tincher changed Pennsylvania law applicable to…
Drug & Device Law
Tincher – The Spears and Arrows of Outrageous Spinning
By Bexis
We were first on the web with the news that the Pennsylvania Supreme Court had overruled Azzarello v. Black Brothers Co., 391 A.2d 1020 (Pa. 1978), in Tincher v. Omni Flex, Inc., ___ A.3d…
Drug & Device Law
There Will be Blood (Shield Laws)
It is a pity that the case discussed in today’s post did not come out around Halloween. That is not to say that there is anything ghoulish about the invaluable service (keep…
Products Liability Law Legal Research Blog
PRODUCTS LIABILITY: Nonmanufacturing Seller May Be Liable
The Lawletter Vol 39 No 9 Jeremy Taylor, Senior Attorney, National Legal Research Group In a recent decision, the U.S. District Court in Yanez v. Graco, Inc., CIV. 13-2243…
Litigation & Trial
Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability
It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post…
Drug & Device Law
Pennsylvania Product Liability – Azzarello Is Dead, Long Live…?
By Bexis
Bexis is pretty pleased this morning. Almost eighteen years ago, to the day, he filed his first brief with the Pennsylvania Supreme Court challenging the negligence/strict liability dichotomy adopted in Azzarello v. Black Brothers…