Search results for: nuisance

Not quite three years ago, we co-authored a chapter in a Digital Health guide put out by International Comparative Legal Guides.  It bore the pithy title “Predicting Risk and Examining the Intersection of Traditional Principles of Product Liability Laws with Digital Health.”  We continue to tinker with the principles of product liability law…

It feels like 20 years ago when we were doing almost monthly fen-phen diet drug trials in the Philadelphia Court of Common Pleas. The old timey-air-conditioning units in City Hall, along with subways rumbling underfoot, occasionally drowned out the testimony of plaintiff experts taking both scientific studies and internal company documents out of context. That…

Today we have a guest post on some recent developments on whether strict liability applies to software, apps, artificial intelligence, and other forms of electronic data, which depends, as this 50-state survey addresses, on whether such intangible items meet the common-law definition of “product.” It is by Reed Smith attorneys (and repeat guest posters) Mildred…

We weren’t expecting to find anything bloggable when we reviewed the Supreme Court’s recent unanimous decision in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, ___ U.S. ___, 2025 WL 1583281 (U.S. June 5, 2025).  But we were struck by the familiarity of the allegations of illegal marketing that the Court in S&W held could not be passed off as “aiding and abetting.”  These were the same tired and repetitive allegations of purported “illegal marketing” by independent actors in the distribution chain that we have seen in so many drug/device cases – sometimes masquerading as “public nuisance.”

We think our clients can use S&W against such allegations, at least by analogy.

Continue Reading Unanimous Supreme Court Slaps Down Familiar Sounding Marketing Allegations In Landmark Gun Decision

In Hall v. Walgreens Boot Alliance, Inc., the Supreme Court of Washington considered a certified question from the Northern District of Illinois on an issue of Washington state law.  No. 102829-6, 2025 Wash. LEXIS 145 (Wash. Mar. 20, 2025).  The underlying case, a proposed consumer protection class action, involves the labeling of certain over-the-counter…

Drug & Device Resources

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FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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