Topic
Strict Liability
146 published works
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…
Marler Blog
Food Safety moves forward one step at a time, slowly, but forward
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…
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…
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…
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…
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: …
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…
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…
TortsProf Blog
Lay Perceptions of Strict Liability Standards in Mundane Cases
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…
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…