Tuesday, March 31, 2009

Fifth Circuit affirms dismissal for lack of cause in fact in suicide for lack of warnings case

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Coincidences sometimes can be uncanny. Last week, as we prepared to discuss Palsgraf v Long Island Railroad, Courtoons published two cartoon...

No tort duty to referring attorney

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Here is an interesting case that discusses an issue I had never seen before. An attorney, representing a plaintiff in a medical malpractice...

Report on injuries caused by heart medical devices

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A new study released today by the national consumer rights group Center for Justice & Democracy finds that medical devices for the heart...

FDA Takes Enforcement Action Against Companies Marketing Unapproved Narcotic Drugs

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The FDA Blog is reporting today that the "FDA announced that the Agency has taken enforcement action against several manufacturers of ...

More on whether defamation claim can be based on a true statement

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I recently posted on the recent case from the Court of Appeals for the First Circuit which, applying Massachusetts law, found a plaintiff ca...
Saturday, March 28, 2009

Michigan Moving Forward to End Drug Industry Immunity

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You've seen the commercials with Jeff Daniels... "Come to Michigan... we give you the upper hand." What you may not know is th...

On the distinction between malpractice and breach of fiduciary duty

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Many jurisdictions recognize a cause of action against lawyers based on allegations of "breach of fiduciary duties" as distinct fr...
Friday, March 27, 2009

New third circuit decision on preemption

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The Drug and Device Law Blog is reporting today that the Court of Appeals for the Third Circuit has just affirmed summary judgment on ground...

Comment on the Consumer Product Safety Commission

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The PopTort Blog has published an interesting comment called Debunking A Major CPSIA Myth in which it argues that the notion (or claim) tha...

Top torts stories of the past week

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Click here for TortsProf Blog's list of links to the most interesting stories of the week ending March 27, 2009. Thanks to TortsProf B...