Drug Design Defect Litigation Faces Its Demise

Law360 (December 5, 2018, 2:01 PM EST) -- "The Demise of Drug Design Litigation: Death by Federal Preemption" is the intriguing title of the latest law review article written by the “Rabbi of Torts,” Prof. Aaron Twerski (we’re not making this up — Twerski’s Wikipedia page is the fifth result when we just Googled that phrase). Twerski, one of the American Law Institute’s reporters for the Restatement (Third) of Torts: Products Liability, has probably spilled as much ink as anyone in making sense of Restatement (Second) of Torts Section 402A, comment k (1965), one of the more opaque parts of the venerable Section 402A.

Indeed, in a prior article,...

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