Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyLJN NewslettersNewsSections

Avoiding Dysfunctional Litigation

By Michelle M. Bufano

Causes of action alleging violations of state consumer fraud statutes are among the newest weapons in the arsenal of product liability plaintiffs. Instead of solely pleading traditional common law or statutory product liability claims, plaintiffs ' particularly those in drug or medical device cases ' often also allege consumer fraud or unfair trade practices. For plaintiffs, the strategic advantages are the ability to: 1) circumvent the causation requirements of traditional strict liability cases; 2) obtain punitive damages; and 3) recover attorneys' fees and costs from defendants. This litigation tactic, however, is manifestly unfair to product manufacturers and frustrates the policy rationale underlying traditional product liability causes of action.

This article examines: 1) the historical underpinnings of product liability causes of action; 2) the purpose of state consumer fraud statutes and their growing popularity in product liability actions; and 3) one court's analysis regarding the inability of these two claims to be reconciled in a product liability action. The article concludes that permitting consumer fraud claims to continue to be asserted in product defect cases is misguided and thwarts the public interest.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.