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Ford isn’t liable for ‘take-home’ asbestos 

Published: May 24, 2012

Tags: mesothelioma, product liability, take-home asbestos

Ford Motor Co. isn’t liable for injury allegedly caused by exposure to asbestos carried home on the clothes of independent contractors who worked at one of the auto maker’s plants, the California Court of Appeal has ruled in reversing a $40,000 jury verdict.

Stryker isn’t liable for pain-pump injury 

Published: May 23, 2012

Tags: failure to warn, pain pump, product liability

A medical device manufacturer didn’t violate a duty to warn a patient who allegedly suffered the destruction of cartilage as a result of a pain pump used following shoulder surgery, the 6th Circuit has ruled in affirming a summary judgment.

Benchmarks: Select Comfort mold claim gets green light 

Published: May 23, 2012

Tags: design defect, failure to warn, negligence, product liability, strict liability, toxic mold

A federal judge on Monday gave the go ahead to a product liability lawsuit filed by a California woman who claimed she suffered injuries from a mass of toxic mold growing in her Sleep Number mattress.

Some birth control associated with increased blood clot risk 

Published: May 18, 2012

Tags: birth control, birth control litigation, birth control patch, blood clots, drug litigation, Johnson & Johnson, Merck, Nuvaring, Ortho-Evra, product liability

Women who use birth control patches like Ortho-Evra or contraceptive vaginal rings like NuvaRing have a heightened risk of blood clots, a new medical study has found.

Drug maker can’t be sued for off-label marketing 

Published: May 18, 2012

Tags: class action, off-label marketing, product liability

A patient and a union health and welfare fund lacked standing to sue Schering Plough for allegedly engaging in illegal marketing campaigns to persuade physicians to prescribe certain drugs for off-label uses, the 3rd Circuit has ruled in affirming a dismissal.

Ruling may save suits against generic drug makers 

By: Sylvia Hsieh
Published: May 9, 2012

Tags: drug litigation, failure to warn, Federal Food Drug and Cosmetic Act, federal preemption, generic drug litigation, generic drugs, PLIVA v. Mensing, preemption, product liability, Wyeth v. Levine

Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right.

But last week a federal appeals court issued a ruling that gives plaintiffs a long-awaited opening in those suits.

Grinding machine maker may have asbestos liability 

Published: May 9, 2012

Tags: asbestos, design defect, failure to warn, product liability, strict liability

The manufacturer of a brake grinding machine can be sued for asbestos exposure suffered by equipment operators, even though other manufacturers’ products were the source of the asbestos, the California Court of Appeal has ruled in reversing a dismissal.

Asbestos policies can be assigned in bankruptcy 

Published: May 3, 2012

Tags: Chapter 11, product liability

Liability insurers could not enforce anti-assignment clauses in their policies when their policyholder sought relief in bankruptcy from asbestos claims, the 3rd Circuit has ruled in affirming judgment.

Baltimore law firm grows along with mesh suits 

By: Ben Mook
Published: May 2, 2012

Tags: product liability, vaginal mesh

So far this year, 69 product liability cases have been filed in U.S. District Court in Maryland.

All but eight of them have been filed by one Baltimore law firm – Discepolo LLP.

And all but nine have been filed against makers of vaginal mesh products, currently one of the hottest areas of national mass tort litigation.

Defendant’s negative net worth doesn’t bar punitive award 

Published: April 25, 2012

Tags: asbestos, mesothelioma, product liability, punitive damages

Evidence that a defendant has a negative net worth doesn’t preclude an award of punitive damages against it, the California Court of Appeal has ruled in upholding a $4.5 million punitive award.