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Strict Liability

146 published works

  1. Drug & Device Law

    Pennsylvania Fen-Phen Appeals – The Third Shoe Drops

    By Bexis

    Last week we reported on two recent decisions by the Pennsylvania Superior Court (an intermediate appellate court) in fen-phen litigation.  Well, there was a third shoe out there, and yesterday…

  2. Marler Blog

    Food Safety moves forward one step at a time, slowly, but forward

    By Food Poisoning Lawyer

    Sitting in the private conference room of U.S. District Judge Donovan Frank yesterday with Stephanie and her mom Sharon as the judge carefully considered the settlement with Cargill, brought home…

  3. Mass Tort Litigation Blog

    Epstein on BP in the Wall Street Journal

    By joetort

    Richard Epstein (Chicago, NYU) has an op ed in the Wall Street Journal calling for a strict liability regime for the BP incident.  Here is a nice quote from the…

  4. Drug & Device Law

    Pennsylvania Strict Liability – District Courts Should Not Practice Self Help

    By Bexis

    A peculiar situation has developed in Pennsylvania product liability law.  In Berrier v. Simplicity Manufacturing, Inc., 563 F.3d 38 (3d Cir. 2009), the Third Circuit predicted the the Pennsylvania Supreme…

  5. Drug & Device Law

    It’s sunny In Philadelphia

    By dwalk

    It is not always sunny in Philadelphia for product liability lawyers – especially defense lawyers like us. Faithful readers have heard us gripe about the state of Pennsylvania product liability…

  6. Food Poison Journal

    Tylenol recall expands

    By Bill Marler

    So how does the principle of strict liability--i.e. liability without regard to fault--which is applicable in foodborne illness cases, apply to bottles of Tylenol that make people sick?  The answer: …

  7. Food Poison Journal

    Strict Liability and Food Safety

    By Bill Marler

     Dr. Douglas Powell, associate food safety professor at Kansas State University, posted yesterday on www.barfblog.com about the recent announcement by the Dept of Ag and the FDA regarding their plans to…

  8. Outside Inhouse Lawyer Blog

    Manufacturers Not Strictly Liable in New York for Machines Sold as Surplus Equipment

    By Grace Healy

    Going through the pile of decisions that I meant to write about, but didn’t, I came across a New York Court of Appeals decision from earlier this year that should…

  9. TortsProf Blog

    Lay Perceptions of Strict Liability Standards in Mundane Cases

    By Christopher Robinette

    Matthew Kugler (Princeton-Psychology), John Darley (Princeton), Joseph Sanders (Houston), & Lawrence Solan (Brooklyn) have posted to SSRN Riding a Bicycle is Not an Abnormally Dangerous Activity:  Lay Perceptions and the…

  10. Drug & Device Law

    Change Coming To Pennsylvania?

    By Bexis

    This post is about product liability but not particularly about prescription medical products. But since this subject is something Bexis has labored over for so long, we’re invoking the McFadden…