Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs. At the heart of this debate is “comment k” of the Restatement (Second) of Torts, a provision written almost 50 years ago by the American Law Institute (ALI). See Restatement (Second) of Torts ' 402A, comment k (1965).
In the past year, two much-anticipated decisions, one from the U.S. Supreme Court and one from the Supreme Court of Pennsylvania, stand at opposite ends of the spectrum on the viability of design defect claims against manufacturers of prescription drugs. In June 2013, the U.S. Supreme Court decided Mutual Pharm. Co. v. Bartlett, 133 S. Ct. 2466 (2013), holding that state law design defect claims against generic manufacturers of prescription drugs are preempted under federal law. This past January, the Pennsylvania Supreme Court decided Lance v. Wyeth, 2014 Pa. LEXIS 205 (Pa. Jan. 21, 2014), holding that design defect claims grounded in negligence can proceed against manufacturers of prescription drugs, side-stepping 20-year-old precedent barring strict liability design defect claims under Pennsylvania law.
This article reviews the impact of these decisions, and what may lie ahead.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?