Well, round two starts on Monday in New Jersey. This case appears stronger on causation that the Texas case, but now Merck has a good idea about what will be coming. Then again, so do the plaintiff’s lawyers. Here is a nice summary of the case.
What does the industry say about how a product should be manufactured? Look to this site as a resource for product safety research. The site also has links to information about problems with medical devices, product recalls, and patent data. Thanks to Bob Kraft for bringing this site to my…
Ms Matney, a MS patient residing in a nursing home, died from over exposure to the sun. Her daughter has filed suit against the nursing home. The Toledo Blade reports that Ms Matney was permitted to sunbathe on a day where the temperatures exceeded 93 degrees. Her body temperature rose…
McCarley v. West Quality Food Service, Inc., 960 S.W.2d 585 (Tenn. 1998) is one of my favorite blue chippers because it is a double-chipper. First, McCarley made it possible for a plaintiff to actually win a food poisoning case without having retained a sample of the product that caused the…
Need to know the weather at a given date, time and place? Go to Weather Underground, type in the zip code or name of the location you want, and then scroll down to “History and Almanac.” Enter the date and find more data than you can imagine.
Read here for an analysis of the impact of the death of Chief Justice Rehnquist.
But not really. Forseeability in tort law is a complicated concept, but one thing is undeniably true: for a duty to arise or legal cause to exist one need not be able to (or actually) foresee the precise type of harm that resulted. Instead, one only need be able to…
Can a product that is not completely installed be a product? The 3-judge panel of the Pennsylvania Superior Court said “yes.” Sprinkler systems were being contructed in a three huge warehouses for documents storage. Although the sprinkler system was “admittedly incomplete,” the sprinkler system was issuing “material and test certificates”…
I know that you are going to contribute to a Katrina relief fund – that is the type of person who reads this blog – but I urge those of you who are lawyers to do so through Trial Lawyers Care, an ATLA affilliated organization. Go here to help. Trial…
Our hearts go out to those we know and those we don’t in our sister states to the south. I cannot imagine what those folks – and their families across the nation – are going through right now. No substantive post today.