More Product Liability Articles

Appellate Law

Poking Holes in Pliva v. Mensing: Are Failure to Timely Update Label Claims Cognizable?

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...

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The Multiple Personalities Of Pennsylvania Product Liability Law

“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...

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Defending Against The New Wave Of Food Misbranding Litigation

Recent months have witnessed a surge in class action complaints alleging that food labeling is deceptive or in violation of applicable regulations. The dramatic increase in litigation may at first glance seem counterintuitive, since there have not been any radical changes in how food...

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