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Day on Torts

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SCOTUS Issues Opinion in Wyeth v. Levine

The U.S. Supreme Court has issued the opinion in Wyeth v. Levine,  the product liability case against the manufacturer of Phenergan.  Wyeth appealed from an adverse jury verdict saying that Levine’s failure-to–warn claims were pre-empted by federal law because Phenergan’s label was approved by the FDA. The USSC held that federal…

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Amusement Parks, Carnivals, and Carnies

I grew up in Spencer, Wisconsin, a village of about 1000 (less in the 1960 census, more in the 1970 census) in North Central Wisconsin.  The closest city was Marshfield, at eight miles to the south on Highway 13,  which at the time had about 15,000 people, a J.C. Penny store,  a mail order-only Sears…

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