Product Liability

Expert Analysis

• Lawyering A La Carte: Unbundled Dispute Resolution Services

  

  There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

• FCA Materiality May Return To High Court

  

  Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.

• Doling Out 'Fair Shares' Of Asbestos Liability

  

  The Pennsylvania Superior Court recently ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage they are found liable for. Defendants in such cases should ensure that all possibly liable defendants are timely joined as parties in the lawsuit, says Theresa Mullineaux of Husch Blackwell LLP.

• You’re Perfect, Now Change: Perfectionism Hurts Lawyers

  

  Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

• 11th Circ. Creates Headaches For Judges, Defense Attorneys

  

  Many bad drug and device law decisions lately have come from appellate courts, with the Eleventh Circuit in particular creating obstacle courses for both defense practitioners and judges. This month's Rowe v. Mentor Worldwide LLC ruling is an example. All the claims would have been dismissed if not for a pesky, unsound and inconsistent Eleventh Circuit case, says Stephen McConnell of Reed Smith LLP.

• Opinion

  Grassley, Feinstein Debate Judicial Vetting, Obstruction

  

  It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

• 3rd Circ. Gets It Partly Right On Component Preemption

  

  The recent Third Circuit opinion in Shuker v. Smith & Nephew got the most important issue right — when you have a multicomponent medical device, premarket approval preemption is to be addressed on a component-by-component basis. This is an important question, because surgeons engaging in off-label use do mix and match parts with different regulatory backgrounds, says Michelle Yeary of Dechert LLP.

• Will High Court Provide Clarity On 'Clear Evidence'?

  

  The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.

• Dietary Supplements And FDA: Potential For Partnership?

  

  Following recent developments in litigation over a dietary supplement between ChromaDex and Elysium Health, several points are worth noting, one of which includes whether this is the time for a voluntary, higher-level collaboration between the dietary supplement industry and the U.S. Food and Drug Administration, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

• Cannabis’ CEQA Challenge

  

  Regulating cannabis raises California Environmental Quality Act review obligations of unprecedented scale. Focusing primarily on commercial cannabis cultivation, Tyler Welti of Venable LLP looks at some emerging CEQA risks facing both cannabis businesses seeking permits and public agencies seeking to permit or ban commercial cannabis.