Product Liability Archives - Page 2 of 10

Eight Circuit Rejects FDA Preemption Defense Raised by Generic Drug Manufacturers

Feb 10, 2010 | Product Liability | United States

On November 27, 2009, the United States Court of Appeals for the Eighth Circuit held that failure to warn claims directed at generic pharmaceutical manufacturers are not preempted by federal law.

Georgia Federal District Court Finds that Hot Tub Water is “Intended for Bodily Consumption”

Nov 11, 2009 | Coverage & Claims, Product Liability, Toxic Tort | United States

The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub.

Botox Maker Files First Amendment Suit Against the FDA

Nov 3, 2009 | Product Liability | United States

Allergan, Inc., the maker of the drug Botox, recently filed suit against the Food & Drug Administration, alleging that certain FDA regulations unconstitutionally restrict Allergan’s truthful speech regarding off-label uses of its drug.

Live Blog – Chinese Drywall Insurance Conference – October 22, 2009 – Miami Beach, Florida

Oct 26, 2009 | Asbestos, Coverage & Claims, Florida Developments, Product Liability | United States

EAPD participated in the October 22, 2009 sessions of the Chinese Drywall Insurance Conference taking place in Miami Beach, Florida. The day included a lively discussion between attorneys on all sides of this emerging issue, including attorneys representing homeowners, builders, suppliers, and insurers. Summaries of those discussions are set out below.

EAPD WEBINAR: Up Against a Chinese Drywall – Recent Developments in the Ongoing Products Liability and Coverage Litigation

Oct 22, 2009 | Coverage & Claims, Florida Developments, Industry Developments, Product Liability, Toxic Tort | United States

The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge invites you to join them for “Up Against A Chinese Drywall: Recent Developments in the Ongoing Products Liability and Coverage Litigation” – a complimentary 60 minute webinar to be held Tuesday, October 27, 2009 at 12:00pm EDT / 4:00pm GMT.

EAPD WEBINAR: Up Against a Chinese Drywall – Recent Developments in the Ongoing Products Liability and Coverage Litigation

Oct 8, 2009 | Coverage & Claims, Florida Developments, Industry Developments, Product Liability, Toxic Tort | United States

The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge invites you to join them for “Up Against A Chinese Drywall: Recent Developments in the Ongoing Products Liability and Coverage Litigation” – a complimentary 60 minute webinar to be held Tuesday, October 27, 2009 at 12:00pm EDT / 4:00pm GMT.

New York Appellate Court: Claims Against Manufacturer of Ear Protectors Barred by Statute of Limitations

Sep 29, 2009 | New York Developments, Product Liability | United States

Earlier this month, a New York appellate court held that claims against the manufacturer of protective devices for ears were barred by the three-year statute of limitations governing actions to recover damages for personal injury.

Chinese Drywall – Federal Judge Issues Default Against Chinese Drywall Manufacturer

Sep 29, 2009 | Coverage & Claims, Florida Developments, Product Liability | United States

A federal judge in New Orleans has defaulted a defendant, Taishan Gypsum Company, in a products liability class action lawsuit. The Judge held Taishan Gypsum in default because it failed to respond to a class action complaint. Taishan Gypsum allegedly is one of the largest manufacturers of Chinese drywall.

California Appellate Court Applies Government Contractor Immunity Defense to Boilers on Naval Vessels in Asbestos-Related Decision

Sep 24, 2009 | Asbestos, Product Liability, Toxic Tort | United States

Earlier this month, a California appellate court held that the government contractor immunity defense applies to a boiler manufactured to United States Navy specifications, shielding the manufacturer from a design defect claim.

Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants

Aug 28, 2009 | Coverage & Claims, Federal Legislative Developments, Florida Developments, Product Liability, Toxic Tort | United States

Legislation recently introduced in the United States Senate could help homeowners haul foreign manufacturers of allegedly defective Chinese drywall into court. The Foreign Manufacturers Legal Accountability Act of 2009, introduced by Senators Sheldon Whitehouse (D- RI), Jeff Sessions (R-AL) and Dick Durbin (D-IL), seeks to make it easier to bring foreign companies before American courts.

Topic: Product Liability

Eight Circuit Rejects FDA Preemption Defense Raised by Generic Drug Manufacturers

Georgia Federal District Court Finds that Hot Tub Water is “Intended for Bodily Consumption”

Botox Maker Files First Amendment Suit Against the FDA

Live Blog – Chinese Drywall Insurance Conference – October 22, 2009 – Miami Beach, Florida

EAPD WEBINAR: Up Against a Chinese Drywall – Recent Developments in the Ongoing Products Liability and Coverage Litigation

EAPD WEBINAR: Up Against a Chinese Drywall – Recent Developments in the Ongoing Products Liability and Coverage Litigation

New York Appellate Court: Claims Against Manufacturer of Ear Protectors Barred by Statute of Limitations

Chinese Drywall – Federal Judge Issues Default Against Chinese Drywall Manufacturer

California Appellate Court Applies Government Contractor Immunity Defense to Boilers on Naval Vessels in Asbestos-Related Decision

Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants

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