Generic Drug Preemption: Working Around Mensing and Bartlett in Pharmaceutical Product Liability
The Supreme Court's rulings in PLIVA v. Mensing and Mutual Pharmaceutical v. Bartlett erected federal preemption barriers that block most w…
Category
Product Liability
Strict liability, recall reporting
Hip and Knee Implant Failure: Building the Product Liability Case Alongside the Med-Mal Theory
When a total hip or knee replacement fails prematurely, the case is often both a product defect claim against the manufacturer and a medica…
Angle Grinder and Abrasive Wheel Injury Cases: ANSI B7.1 Standards, Guard Defeat, and the Design Defect Framework
Angle grinders generate severe injuries through guard defeat, wheel overspeed, and fragment ejection. The product liability framework combi…
ATV and UTV Rollover Cases: ROPS Design Defect, Crashworthiness, and the Side-by-Side Liability Framework
Side-by-side UTVs have become the most common recreational off-highway vehicle platform, and their rollover injury rate reflects design cho…
Contaminated Food Product Liability: Mapping the Supply Chain and Proving Causation Under FSMA
Food-borne illness product liability cases require identifying multiple defendants across a complex supply chain, satisfying the causation…
Scaffold and Portable Ladder Defect Claims: ANSI Standards, Manufacturer Duty, and the Rental Company Theory
Falls from defective scaffolding and extension ladders generate serious and frequently fatal injuries. The product-liability case against t…
Infant Sleep Product Liability: Design Defect, Warning Claims, and CPSC Recall Evidence
Inclined infant sleepers and unsafe bassinet designs have produced CPSC recalls and wrongful death claims worth millions. Here is the produ…
Dietary Supplement Contamination: Product Liability Framework Under DSHEA and cGMP Standards
The Dietary Supplement Health and Education Act created a lighter pre-market approval burden for supplement manufacturers than FDA requires…
Table Saw Blade-Contact Injuries: Building the Flesh-Detection Design Defect Case
Table saws injure tens of thousands of people every year, and flesh-detection technology capable of stopping the blade in milliseconds has…
E-Cigarette Product Liability: Building the Nicotine Addiction Defect Case
JUUL and other e-cigarette manufacturers face design-defect, manufacturing-defect, and warning-defect theories across individual cases and…
Building the PFAS Toxic Tort Case: Regulation, Defendants, and Causation
PFAS litigation has matured from groundwater contamination into a broad multi-site toxic tort practice. This piece covers the EPA's 2024 ma…
Lithium-Ion Battery Fire Claims: Chain of Custody and Defendant Identification
When a lithium-ion battery ignites and causes serious injury, the product liability case turns on two questions that distinguish it from ot…