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Recent Cases:

Consumer Products | Drugs | Industrial Products & Equipment | Medical Products
Recreational Products | Tobacco | Transportation

Consumer Products

• Dangerously long cord on electric wok

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Drugs

• Failure to warn of inflammatory bowel disease risk from Accutane

• Failure to warn of breast cancer risk from Provera

• No federal preemption of inadequate warning claim against generic drug manufacturer

• Vaccine Act claimant need not eliminate alternative causes of injury

• Drug manufacturer’s “causality assessments” are not admissible in lawsuit against manufacturer

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Industrial Products & Equipment

• Successor may be liable for failure to warn of dangers posed by original manufacturer’s product

• Failure to warn of dangers posed by equipment’s asbestos insulation

• Beryllium exposure plaintiffs may not recover for subclinical damage, may pursue sensitization claims

• Court erred in dismissing asbestos claim without requiring defendant to stipulate to state court trial

• New trial is proper for defendant’s failure to disclose change in expert’s opinion

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Medical Products

• No federal preemption of claims over defective cardiac defibrillator

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Recreational Products

• Unreasonably dangerous motocross suit lacking fire-resistant properties

• Expert testimony on stickball bat defect created fact issue defeating summary judgment

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Tobacco

• Cigarette company does not fall within federal officer removal statute based on testing activities

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Transportation

• Defective restraint in passenger car

• Unguarded fuel system in van

• Excess porosity in motorcycle wheel’s spokes

• Joinder of in-state dealership is proper in suit alleging defective design of ATV and tires

• FAA preemption defense did not create federal question jurisdiction in aircraft defect case

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