Topic
Strict Liability
146 published works
Drug & Device Law
Far from Dumbo: M.D. Fla. Gets “Parallel Claim” Case Right
This is the time of year when our thoughts start migrating southward. We can see all those birds’ nests in our suddenly denuded poplar trees. The driveway is a skating rink of…
Food Safety News
Government Gets More Time to Respond to DeCoster’s No-Jail Argument
By Dan Flynn
Because the defense attorney for Austin “Jack” DeCoster has raised a “novel constitutional issue that appears to be a matter of first impression,” assistant U.S. District Attorney Peter E. Deegan…
Drug & Device Law
A Silver Lining To Lance?
By Bexis
We made no secret that we were appalled by the result in Lance v. Wyeth, 85 A.3d 434 (Pa. 2014), as soon as it came down. We’re still appalled. Lance remains our current front-runner…
Insurance Law Hawaii
No Duty to Defend Suit That Is Threatened Under Strict Liability Statute
The Washington Court of Appeals found there was no duty to defend the insured under a strict liability statute for alleged contamination when no action was threatened by the agency. Gull…
Food Safety News
Judge OKs Use of ‘Highly Prejudicial’ Email at Stewart Parnell’s Upcoming Trial
By Dan Flynn
An email said to be “highly prejudicial” to defendant Stewart Parnell because of its potential to “taint the jury pool” may be unsealed at next month's trial, U.S. District Court…
Sentencing Law and Policy
“Strict Liability Offenses, Incarceration, and the Cruel and Unusual Punishments Clause”
Main June 5, 2014"Strict Liability Offenses, Incarceration, and the Cruel and Unusual Punishments Clause"The title of this post is the title of this notable new paper by Paul Larkin now…
Products Liability Law Legal Research Blog
PRODUCTS LIABILITY: Reading a Product Warning Constitutes "Use" of the Product
The Lawletter Vol 38 No 9 Jeremy Taylor, Senior Attorney, National Legal Research Group The Court of Appeals of South Carolina recently considered whether a worker who was seriously…
Drug & Device Law
(Somewhat Belated) Report On Tincher Oral Argument
By Bexis
Potentially the most important Pennsylvania product liability case in a generation was argued before the Pennsylvania Supreme Court on October 15, 2013. That’s Tincher v. Omegaflex, No. 17 MAP 2013.…
Reproductive Rights Prof Blog
Fifth Circuit Denies Abortion Providers Standing To Challenge Louisiana Law Imposing Strict Liability for Performing Abortions
The TownTalk/AP: Appeals court rules against La. abortion providers:A federal appeals court has ruled that a group of Louisiana abortion providers lack the standing to challenge part of a 1997 law…
Sixth Circuit Appellate Blog
Sixth Circuit Revives Securities Class Action
Creating a split with the Second and Ninth Circuits, the Sixth Circuit has held that Section 11 of the Securities Act, 15 U.S.C. § 77k, which creates liability for false…