... to ignore them, and the resulting decisions are conflicting, inconsistent, and irreconcilable.3 Today, products liability law is a hodgepodge of rules, especially in design defect cases, where courts apply standards ranging from the consumer- ... can avoid harm, then-and only then-should a seller be allowed to defend on the grounds that the benefits of the product outweigh its risk. This allocation of proof is reasonable because, after all, it is the seller who is in the best position to defend its ...
November 18, 2008 03:01 pm
... job by a paving machine. Worker collects WC benefits from his employment. Worker sues paving machine manufacturer in products liability, and his attorney blows the statute. Worker succeeds in legal malpractice. May WC carrier recoup benefits? Had ... a claimant's employment, and the defendants in a legal malpractice case are not third-party tortfeasors under Florida law. As a result, the claimant's employer is not entitled to recoup the workers' compensation benefits it has paid from the proceeds ...
November 18, 2008 11:17 am
... depression were reported or observed while Snyder was taking Accutane. Plaintiff's Complaint included claims for negligence, strict products liability, breach of implied warranty, and negligent and fraudulent misrepresentation. Each of these claims was predicated ... suicide, with or without prior symptoms of depression. Accordingly, the Court concluded that defendants' warnings were adequate as a matter of law. Defendants were entitled to summary judgment as to plaintiff's failure to warn claims
November 18, 2008 10:00 am
... of the top lawyers in each state based on a peer nomination, evaluation and selection process conducted by Law & Politics magazine. All candidates are evaluated on 12 indicators of peer recognition and professional achievement. The list ... categories of personal injury and medical malpractice. Alan Sylvester is selected in the plaintiff lawyer categories of personal injury, medical malpractice, and products liability. For more information, see www.sylvestermaley.com and www.superlawyers.com.
November 18, 2008 08:57 am

Multi Party Mediation - Part 2

(mediator blah...blah...)
... what they would be willing to take from each D, and start mini-mediations within the mediation. Depending on the law of the jurisdiction regarding release of individual defendants, work the specter of potential piecemeal settlements between Ps and individual Ds ... settle with Ps, for $X then arbitrate allocation among Ds. I used this successfully in some catastrophic product liability/personal injury cases where the risk of the case going to a jury was collectively greater for all Ds than having ...
November 17, 2008 10:25 pm
... . The trial court dismissed the employees' claims, finding that the applicable statutory period was the two-year period applicable to product liability actions and that the former employees had failed to assert their claims within that time period. ... to determine whether the six-year statute of limitations applies to a wantonness claim: Wanton conduct is the equivalent in law to intentional conduct. Such an allegation of intent renders the six-year statutory period of limitations applicable." In ...
November 17, 2008 08:42 pm
... existing requirements for record-keeping. It is important to be familiar with this new law as the sale of products that do not comply can result in significant civil and criminal liability. This advisory does not cover all requirements of the ... new product safety rule-either under the Act or other legislation-at a rate greater than the rate at which that product was produced or imported prior to the promulgation of that rule. Manufacturers, distributors, importers, sellers and advertisers must be ...
November 17, 2008 06:56 pm
The Brooklyn Law School's symposium commemorating the 10th anniversay of the Restatement (Third) of Torts: Products Liability was held on November 13 - 14 at Brooklyn Law School. In attendance were the Reporters for the Restatement, Aaron Twerski and Jim...
November 17, 2008 05:53 pm

ELECTRA BIKE RECALL EXPANDED

(Chicago Injury Lawyer Blog)
We previously posted on the Electra Bicycle Co's Amsterdam bicycle recall. More recently, the U.S. Consumer Product Safety Commission announced an expanded voluntary recall of these bikes due to a risk of injury. About 1,500 bicycles are ... Consumers are advised to stop using the bicycles and contact Electra for a free inspection and repair. Consumers can call 800-261-1644 for information. Questions about this post can be directed to Chicago Product Liability Attorney Chris Hurley at (312) 553-4900.
November 17, 2008 03:13 pm
... still stand? We posted here on a similar issue that arose under Texas law in the Vioxx litigation last year. Judge Tena Campbell, of the federal court in Utah, ... The fraud-on-the-FDA exception is thus preempted under Buckman, leaving only the immunity from liability for punitive damages intact. The court noted that preemption would not apply "in cases ... 've noted previously, many states have laws that give drug manufacturers some type of immunity if their products are FDA-approved, but then create ...
November 17, 2008 12:59 pm
... duty is foreseeability," Richman wrote, "It is manifestly foreseeable that an inmate may be at risk of harm, as the recently enacted [laws] show, recognizing the serious problem presented by sexual abuse in the prison environment. As also noted, important factors in ... of a prisoner may result in liability in a federal case. In light of this ruling, and the numerous state court rulings cited by the court, it seems that a state tort suit is likely to be more productive. However, because the trial ...
November 17, 2008 02:41 am
... overdose recently identified, particularly in infants, and safety is our top priority," CHPA president Linda A. Suydam said in a statement. CVS stores planned to stop selling the withdrawn products and store-brand equivalents, it said. Refunds are being offered if customers return the products. Questions about this post can be directed to Chicago Product Liability Attorney Chris Hurley at (312) 553-4900.
November 17, 2008 02:04 am
... individually. The plaintiffs contend that Blankenship is at fault because he emphasized increased coal production over proper safety procedures, according to Ken Ward, Jr.'s article ... $10 million per occurrence retention, and employer's liability/stop gap coverage of $20 million per occurrence with a $5 million per occurrence retention. ... against Aracoma by first requiring payment under the general liability portion of the policy, and alleges common law and statutory bad faith causes of action. Ward ...
November 17, 2008 02:03 am
... Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.Per Curiam Opinion SSP Partners and Metro Novelties, Inc., No. 05-0721 (Tex. Nov. 14, 2008)(products liability, indemnity) SSP PARTNERS AND METRO NOVELTIES, INC. v. GLADSTRONG INVESTMENTS (USA) CORPORATION; from Hidalgo County; 13th district (13‑02‑00671‑CV, 169 SW3d 27, 04‑07‑05)2 petitions The Court affirms ...
November 16, 2008 10:25 pm
... and any applicable Certificate Authority (except as expressly provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or ... (c) use of a certificate other than as permitted by any applicable terms and conditions, this agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on issuer services or certificates or (e) ...
November 16, 2008 04:43 pm
... even when the plaintiff took only the generic version of the drug, not Wyeth's. I took issue with Beck and Hermann's argument that the decision "stands product liability on its head." Well, here's a longer, more thoroughly and forcefully argued case at their Drug and Device Law, and they're starting to convince me. But I think this all goes away at the California Supreme Court. And remember, if that Court grants a hearing, ...
November 14, 2008 02:00 pm
... . They understand the effect of state and federal laws that limit or eliminate tort liability, known, oddly enough, as tort reform. They understand the difficulty of securing a product liability judgment against a domestic wholesaler or ... suing foreign manufacturers, and some proposed steps for protecting the public. The second study, Societal Costs of Dangerous Products: An Empirical Investigation, looks at the costs of injuries and fatalities associated with Ford SUVs with Firestone tires, the ...
November 14, 2008 09:15 am

Constitutional Dead Letters

(Sex Offender Research by A Voice of Reason)
... can shew the charters under which they act, the people will not yield obedience." Moreover, the Carolene Products presumption of validity can be said to overrule the plain text of the Ninth Amendment ("The enumeration in the Constitution, of ... followed. There are also insidious doctrines such as "sovereign immunity" (which allows government agents to escape liability for illegal acts - on the ground that they are with the government) and the "state secrets" doctrine (which deprives citizens of any ...
November 14, 2008 04:32 am
... Court of Justice under the Ontario Securities Act against American International Group, American International Group Financial Products, and ten current or former AIG directors and officers. According to the press release, the claim is brought on ... loss. At a minimum, the FMF Capital settlement suggests that a claim under the Ontario securities laws represents a serious potential liability exposure. Along those lines, it should be noted that the press release states that the plaintiff class seeks ...
November 14, 2008 02:26 am
... 's new book, which is titled "Distributive Principles of Criminal Law: Who Should be Punished How Much." This Amazon entry provides links to small parts of the book and this product description: The rules governing who will be punished and how much determine a ... efforts have failed, and the alternatives that have been tried. He ultimately proposes a principle for distributing criminal liability and punishment that will be most likely to do justice and control crime. Paul Robinson is one of the ...
November 13, 2008 10:13 pm
 
 

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