Topic
Strict Liability
146 published works
Drug & Device Law
Pennsylvania Product Liability Law – The Muddle Continues
By Bexis
The Pennsylvania Supreme Court yesterday decided Beard v. Johnson & Johnson, Inc., No. 35 WAP 2010, slip op. (Pa. March 22, 2012), a decision that is good, bad, and ugly at…
Drug & Device Law
That’s A Spicy (Specious?) Footnote!
By Bexis
We recently read the pain pump decision, Creech v. Stryker Corp., 2012 WL 33360, at *5 n.6 (D. Utah Jan. 6, 2011). Most of the opinion addresses pretty much mundane…
Mass Tort Defense
Strict Liability Does Not Apply to Medical Devices
By Sean Wajert
Another court has recognized that strict liability or breach of implied warranty claims do not lie against medical device makers. Horsmon v. Zimmer Ho
The D&O Diary
Liability Without Culpability: A Deeply Troublesome Trend
One of the most basic notions in our legal system is that liability attaches only to those who act with intent or knowledge. But as detailed in a front-page September…
Drug & Device Law
Screwy
By Bexis
Bone screws. Yeah, we’d have to say we know a bit about them. And Pennsylvania law – we know something about that as well. Put those two together, and that’s…
TortsProf Blog
Abraham on Strict Liability in Negligence
Ken Abraham (Virginia) has posted Strict Liability in Negligence. The abstract provides:This Article, written for a Symposium in honor of Robert Rabin, argues that some forms of liability imposed in…
Drug & Device Law
Third Circuit Reaffirms Berrier – Third Restatement Applies in Pennsylvania Federal Court
By Bexis
We've discussed the so-called "Berrier question" - whether the Third Circuit's prediction that Pennsylvania law would switch to the Third Restatement from the old Azzarello form of super-strict liability should…
Drug & Device Law
Comment K, Some of the Way
By Bexis
By now Restatement (Second) of Torts §402A (1965) is so old as to be thought of as somewhat antediluvian. The American Law Institute’s unfortunate adoption of “strict liability” (sufficiently unfortunate,…
TortsProf Blog
Documents in Hammontree v. Jenner
Those of you using Franklin, Rabin, & Green encounter Hammontree v. Jenner as the first case in the book. I happen to be teaching it today. Used to illustrate the…
Drug & Device Law
Bruesewitz – a footnote
By Bexis
A sharp-eyed reader (who wishes to remain nameless) yesterday put together our Bruesewitz user's guide with our post last Tuesday about the Superior Court affirming (and confirming) in the Lance case that…