Product Liability

Food & Beverage

Brian J. Osias, Michael Collins Smith | McCarter & English, LLP

The current climate of aggressive regulatory action by the FDA creates increased exposure for American businesses to liability for food contamination and recalls. A well-designed insurance portfolio may provide relief in the face of contamination and food recall events, but obstacles to coverage...

Appellate Law

Beth S. Rose, Vincent Lodato | Sills Cummis & Gross P.C.

In Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the United States Supreme Court held that state law failure to warn claims against manufacturers of generic pharmaceutical products were impliedly pre-empted by federal law because FDA regulations preclude generic manufacturers from including...

Litigation

Antranig Garibian | Stradley Ronon Stevens & Young, LLP

“Anyone who isn’t confused really doesn’t understand the situation.” – Edward R. Murrow Introduction Because the Pennsylvania Supreme Court has not adopted the Restatement (Third) of Torts to replace the Restatement (Second) and, in a recent...