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it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.
Product liability law practice can get prickly, and why not? The stakes are high. Consumer injuries (or the potential threat of them) and the bad press that may follow can lead to lost business and even bankruptcy, and individuals’ careers and reputations can be ruined. Therefore, it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff’s lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The case was thrown out by a California court, and the plaintiff appealed. The decision in the appeal, Healthsmart Pacific Inc. v. (Brian S.) Kabateck, 17 C.D.O.C 244 (C.A. 2d 12/19/16) (Los Angeles County Super. Ct. Case No. B264300), offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.
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Defeating Certification of “No-Injury” Consumer Protection Class Actions
By Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
Maximizing Future Medical Damages in Paralysis Cases
By Mitch Warnock
When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.
Genetic Labeling: Legal Uncertainty for Pharma Product Liability
By Shannon E. McClure and Whitney Mayer
The FDA’s recent approval of 23andMe’s direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.
By ljnstaff
Discussion of major rulings out of Texas and California.
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