Sunday, February 17, 2019

NJ Supreme Court to decide whether defendant has a duty to warn about asbestos exposure due to a replacement part in its product

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The New Jersey Supreme Court has agreed to hear an appeal that will decide a manufacturer’s liability for asbestos-containing replacement pa...
Sunday, February 10, 2019

Article proposing changes to the view that suicide is a superseding cause

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As you may know, courts often rule that a person's decision to commit suicide operates as a superseding cause which results in dismissin...
Thursday, January 17, 2019

Shooting victims argue on appeal to revive case against social media platforms

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In a recent oral argument before the Court of Appeals for the 6th Circuit, attorneys for some victims and family members of those killed dur...

Lawsuit Blames Sorority Hazing for Athlete's Suicide

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I recently published a short article on two recent cases on whether universities have a "duty to help" students by preventing inju...
Wednesday, January 9, 2019

Supreme Court hears oral argument on FDA preemption claim

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A couple of days ago, the Supreme Court heard oral arguments on the most recent case on whether claims against prescription drug manufacture...
Sunday, December 30, 2018

Court of Appeals finds Tennessee punitive damages cap unconstitutional

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A divided panel of the Court of Appeals for the Sixth Circuit recently held that the Tennessee statute capping punitive damages is unconstit...

FDA No Longer Pursuing Rule Update to Require Generic Drug Makers To Warn Of Known Side Effects

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Back in November, 2013, I posted that the FDA proposed a new regulations that would allow (and presumably encourage) generic drug manufact...
Monday, December 24, 2018

Mississippi and Kentucky adopt exoneration requirement for malpractice claims against criminal defense attorneys

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Some jurisdictions have recently abandoned the view that a convicted criminal defendant who wants to recover for malpractice against his or ...
Tuesday, December 18, 2018

Kentucky Supreme Court Holds Med Mal Review Panel Law is Unconstitutional; while Puerto Rico enacts a similar law

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On November 15, 2018, the Kentucky Supreme Court held that Kentucky’s Medical Review Panel Act was unconstitutional. The Act established tha...
Monday, October 22, 2018

Supreme Court hears oral argument in asbestos case under maritime law

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A couple of weeks ago, the US Supreme Court heard oral arguments in a case that raises basic principles of tort law as related to maritime j...