Trade Association Liability
December 31, 2013
As with many good things however, trade associations come with a price. They have attracted the attention of the plaintiffs' bar, and have been named as defendants in a growing variety of cases including antitrust, product liability, and even false advertising.
Where, When and How Is <i>Ex Parte</i> Communication With a Physician OK?
December 31, 2013
In medical malpractice cases, treating physicians, nurses and other providers are key witnesses. They have specialized knowledge of the plaintiff and her medical conditions, and, unlike expert witnesses, they have had the opportunity to personally examine and evaluate the plaintiff. Because <i>ex parte</i> meetings and discussions with treating physicians can be so informative, they are often seen as invaluable tools for any party permitted to meet with treating physicians.
Relearning the Learned Intermediary Doctrine
December 31, 2013
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.
Case Notes
December 31, 2013
MA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty
Drug & Device News
December 31, 2013
New Plan in Mesh Litigation <br>Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes<br>Trial over Billion-Dollar Molecules Yields $400,000 Verdict
Practice Tip: Medical Expenses In CA
December 31, 2013
Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury.
Quarterly State Compliance Review
December 31, 2013
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2014. It also looks at four recent decisions of interest from the Delaware courts.
Will Fracking Become the Next Mass Tort?
December 31, 2013
Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.
