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Comcast Corp. v. Behrend decision levels class action playing field

Epstein Becker Green
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USA
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April 26 2013

The Foley Hoag Product Liability Update is a good source of information concerning developments in product liability and related law for product

The economic loss rule: an under-utilized but not-so-secret weapon

Epstein Becker Green
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USA
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April 3 2013

In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida's commitment to adherence to the economic loss rule in product

Frye decision in BMW case results in exclusion of plaintiff's experts

Epstein Becker Green
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USA
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January 17 2013

In a thoughtful decision handed down in Reeps v. BMW of North America, LLC, 2012 N.Y. Slip Op. 33030(u), on December 16, 2012 in New York County

Lone Pine's impact on pharma products litigation

Epstein Becker Green
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USA
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December 20 2012

We have written previously about the increasing acceptance by courts to entertain the use of Lone Pine orders as a case management tool

The product liability dilemma: product vs. service

Epstein Becker Green
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USA
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December 18 2012

Courts have long struggled with hybrid fact scenarios that involve both a product and a service

Ex parte communication with plaintiff's prescribing physician

Epstein Becker Green
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USA
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December 15 2012

In product liability litigation, a single tactical advantage may determine whether the case is won or lost

Second Circuit rules that certain speech regarding the off-label use of drugs is protected under the U.S. constitution

Epstein Becker Green
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USA
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December 12 2012

In a long-awaited decision, on December 3, 2012, a divided panel (21) of the U.S. Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia, a former pharmaceutical sales representative for Jazz Pharmaceuticals whom a federal district court jury found guilty of conspiring to introduce a "misbranded" drug into interstate commerce in violation of the federal Food, Drug and Cosmetic Act ("FDCA"

The role of the heeding presumption in failure to warn litigation

Epstein Becker Green
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USA
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November 19 2012

In many jurisdictions, a product liability plaintiff is not permitted to testify concerning what he or she would have done had there been an adequate warning on a product; such testimony is considered both self-serving and speculative

Trademark licensors as "apparent manufacturers" in product liability cases

Epstein Becker Green
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USA
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October 12 2012

Although by no means a “hell hole” jurisdiction, it is difficult for a peripheral asbestos defendant to obtain summary judgment in Bridgeport Superior Court in Connecticut

Texas adopts learned intermediary doctrine

Epstein Becker Green
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USA
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June 29 2012

The Texas Supreme Court rendered judgment in favor of Centocor, Inc., the pharmaceutical manufacturer subsidiary of Johnson & Johnson, in a landmark decision involving the learned intermediary doctrine, Centocor, Inc. v. Patricia Hamilton, Thomas Hamilton and Michael G. Bullen, M.D. (No. 10-0223

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