Jury to decide if Chevron is liable for aiding and abetting under Alien Torts Claims Act

A San Francisco jury begins deliberations in a precedent-setting civil case – Bowoto v Chevron - that seeks to hold US oil giant Chevron liable in the United States for human rights abuses in Nigeria after closing arguments are heard on Tuesday, November 25, 2008 in courtroom 10 of the Federal Building. The jury will have to decide if what happened constitutes aiding and abetting on the part of Chevron in the death of two protestors, and the injury and subsequent torture of others who peacefully protested the destruction of their environment and livelihood caused by Chevron's oil production activities in May of 1998. See the full story here. Thanks to Sheila B. Scheuerman who originally posted the story on TortProf Blog.

New NHTSA rule provides immunity from state tort suits related to seatbelt use

The National Law Journal reports that a group of consumer and trial lawyer organizations have filed a petition asking the National Highway Traffic Safety Administration (NHTSA) to reconsider a final rule on designated seating positions in vehicles because it includes language that would give vehicle manufacturers immunity from state tort suits related to seatbelt use. Previously, NHTSA placed the preemption language in the preamble, which generally is acknowledged to be advisory in nature only. But placement of the language in the text gives it force of law. The final rule takes effect on Dec. 8. Full story available here.

Metrolink denies liability for Sept. 12 fatal crash

As reported in the National Law Journal: LOS ANGELES — Metrolink, the regional rail agency for Southern California, has denied liability for the Sept. 12 crash that left 25 people dead and dozens more injured, according to court documents filed on Nov. 21. Full story available here.

The Vaccine Injury Compensation Program: A failed experiment?

On November 18, the President of the National Vaccine Information Center made a presentation before the US Dept of Health Advisory Commission on Childhood Vaccines in which she argued that the no-fault approach created by the National Childhood Vaccine Injury Act of 1986 has been a failure. In her presentation she argues that "[t]he law was passed by Congress at the specific request of pharmaceutical companies threatening to stop making vaccines without product liability protection, as well as organizations representing pediatricians reluctant to give childhood vaccines without liability protection" and that those fighting for the rights of vaccine consumers and the vaccine injured, agreed to work on the Act because of promises made by Congress that the proposed legislation would provide a fair, expedited, non-adversarial, less traumatic, less expensive no-fault compensation alternative to civil litigation. She concludes, however, that those goals have not been reached. The full text of her presentation is available here. Originally posted by William Childs on TortsProf Blog

More on Obama's election and tort law

Professor Anthony Sebok (Cardozo School of Law) writes a very good column for FindLaw.com on Torts issues. His most recent is about the likely effect of the Obama administration on Tort law. Sebok points out that while in the Illinois state legislature, Obama voted in favor of caps on non-economic damages (such as pain-and-suffering damages) in medical malpractice cases and co-authored an article with Hilary Clinton recommending an alternative dispute resolution mechanism for medical malpractice claims. Thus Sebok predicts that "Obama will not instinctively defend the civil justice system, and that he may even be open to experimentation that limits the right to sue, especially in the context of medical malpractice claims." Ultimately, however, the real question is not what Obama will want to do with the civil justice system, but what Congress will want to do with it. Sebok believes the Senate may want to pass some pro-plaintiff legislation in the area of federal preemption of state pharmaceutical cases if the Supreme Court decides to expand the scope of implicit preemption involving drugs approved by the FDA. See the full column here. Also see Sebok's comments on Wyeth v. Levine here and here.

Scientists Accuse F.D.A. Officials of Misconduct

Here is another story on the allegations that top federal health officials engaged in serious misconduct by ignoring concerns of scientists at the Food and Drug Administration and approving for sale unsafe or ineffective medical devices. See story here.

Professor Richard Esptein's comments on Wyeth v. Levine

Professor Richard Epstein argues that once the Food and Drug Administration has approved the warnings about drugs licensed for sale, a plaintiff should not be allowed to bring a cause of action for damages in state court on the ground that those warnings are inadequate. See his comments here. Thanks to William Childs from TortsProf Blog for pointing out this article

Oklahoma Supreme Court finds portion of tort reform statute unconstituonal

The Oklahoma Supreme Court has struck down another portion of a tort reform law passed in 2003. The state’s highest court found the statute of limitations imposed only on medical negligence lawsuits is an unconstitutional special law. See story here. Thanks to William Childs from TortsProf Blog for pointing out this article

Video about preemption case Wyeth v. Levine

Go to this link for a 20 minute documentary on Wyeth v. Levine and the preemption issue featuring interviews with Diana Levine, the plaintiff. For a PBS spot on Wyeth go here. For more information on Wyeth go here and here.

Congress investigates FDA review process

Pharmalot reports that the House Energy and Commerce Committee is investigating allegations that managers at the FDA Center for Devices and Radiological Health have "corrupted and interfered with the scientific review of medical devices." Read the full story here.