Product Liability Archives - Page 7 of 10

Secondhand Asbestos Exposure Lawsuit Makes Its Way to Tennessee Supreme Court

May 2, 2008 | Asbestos, Coverage & Claims, Product Liability | United States

The Tennessee Supreme Court is now considering whether to dismiss a case against an employer brought by its employee’s daughter concerning her alleged secondhand exposure to asbestos. Plaintiff Amanda Satterfield succumbed to mesothelioma at the age of 25.

English Commercial Court gives guidance on the meaning of “machinery” in a public and product liability policy

Apr 17, 2008 | Coverage & Claims, Product Liability | United Kingdom

The case of John Reilly v National Insurance & Guarantee Corporation Limited [2008] EWHC 722 (Comm) considered whether the failure of a fire extinguishing system was covered under the insured’s public and product liability policy.

U.S. Senate Passes Bill that Boosts Regulatory Might of the Consumer Products Safety Commission

Apr 2, 2008 | Product Liability

The United States Senate recently passed S. 2663, the Consumer Products Safety Commission Reform Act (“CPSC Reform Act”), which aims to provide increased protection for children’s products, improved screening of noncompliant consumer products and more effective consumer product recall programs.

Report from Brokers and Reinsurance Markets Association Committee Rendezvous in Naples, Florida

Mar 31, 2008 | Industry Developments, Product Liability, Regulatory, Reinsurance

Jeanne Kohler (New York) and Antony Woodhouse (London) of Edwards Angell Palmer & Dodge are attending the Brokers and Reinsurance Markets Association Committee Rendezvous in Naples, Florida to deliver presentations on US and UK legal developments, respectively.

Update: Supreme Court Rules That FDA Pre-Market Approval Preempts State Law Torts

Feb 27, 2008 | Product Liability | United States

Last week, the Supreme Court upheld a Second Circuit decision finding that the Food and Drug Administration’s extensive pre-market approval process for Class III medical devices preempts state law causes of action for injuries allegedly caused by those devices.

The English Court of Appeal has Forced an Insurer to Pay the Opposing Parties’ Costs Personally

Feb 21, 2008 | Coverage & Claims, Product Liability | United Kingdom

In the case of Kylie Palmer v Estate of Kevin Palmer (deceased) and others [2008] EWCA Civ 46, the Court of Appeal has refused to overturn a decision forcing Royal Sun Alliance (RSA) to pay the opposing parties’ costs personally. The claim arose after a six year old girl was severely injured in an automobile accident.

Ohio’s Highest Court Upholds Constitutionality of Statutory Cap on Pain and Suffering Damages

Jan 9, 2008 | Product Liability | United States

On December 27, 2007, the Ohio Supreme Court voted 5 to 2 to uphold the constitutionality of the state’s statutory cap on pain and suffering damages in personal injury lawsuits.

Pennsylvania State Court Vacates $3 Million Hormone Replacement Jury Verdict Based Upon Failure To Prove Causation

Dec 14, 2007 | Product Liability | United States

A Pennsylvania trial court recently overturned a $3 million jury verdict in Philadelphia’s first hormone replacement therapy trial.

Update: Supreme Court Hears Arguments in FDA Preemption Case

Dec 5, 2007 | Product Liability | United States

On Tuesday, December 4, the U.S. Supreme Court heard oral arguments in Riegel v. Medtronic, Inc. The case is an appeal of the Second Circuit’s decision finding that the Food and Drug Administration’s extensive pre-market approval process for Class III medical devices pre-empts state law causes of action for injuries allegedly caused by those devices. The Circuit Courts are currently split on the question.

Illinois Medical Malpractice Cap Ruled Unconstitutional

Dec 4, 2007 | Coverage & Claims, Illinois Developments, Product Liability | United States

An Illinois judge recently struck down the two-year-old state law that capped medical malpractice awards, ruling that the law violates the Illinois constitution’s “separation of powers” clause by depriving judges and juries of their right to determine fair compensation.

Topic: Product Liability

Secondhand Asbestos Exposure Lawsuit Makes Its Way to Tennessee Supreme Court

English Commercial Court gives guidance on the meaning of “machinery” in a public and product liability policy

U.S. Senate Passes Bill that Boosts Regulatory Might of the Consumer Products Safety Commission

Report from Brokers and Reinsurance Markets Association Committee Rendezvous in Naples, Florida

Update: Supreme Court Rules That FDA Pre-Market Approval Preempts State Law Torts

The English Court of Appeal has Forced an Insurer to Pay the Opposing Parties’ Costs Personally

Ohio’s Highest Court Upholds Constitutionality of Statutory Cap on Pain and Suffering Damages

Pennsylvania State Court Vacates $3 Million Hormone Replacement Jury Verdict Based Upon Failure To Prove Causation

Update: Supreme Court Hears Arguments in FDA Preemption Case

Illinois Medical Malpractice Cap Ruled Unconstitutional

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