What follows is a rather involved guest post by Reed Smith‘s Kevin Hara. Actually, Kevin has contributed enough to the Blog over the last couple of years that he’s more of a crypto-blogger than a guest. Instead of the more common case-specific post, Kevin has put together his own 50-state survey on state
Search results for: repose
Georgia, Tennessee, and Texas Statutes of Repose Limit IVC Filter Cases in Different Ways
In the annals of history, June 6 gets prime billing. That’s understandable, because the successful Normandy landings on D-Day (June 6, 1944), probably saved Western Civilization. (Or maybe that heroic endeavor simply preserved liberal democracy for another 75 years, now that we seem encircled by fanatics both home and abroad who view the Enlightenment…
Judge Posner on conflicts of law, statutes of repose and limitations, and forum non conveniens
On Friday, Judge Posner issued an interesting opinion in Chang v. Baxter Healthcare Corp., No. 09-2280 (7th Cir. March 26, 2010). The opinion affirms the dismissal on statute of limitations and forum non conveniens grounds of claims brought against U.S. companies by plaintiffs from Taiwan. Along the way, Judge Posner has some interesting things…
Hot Off The Presses – Statute of Repose Defense Win in Fen-Phen Appeal
This is a Bexis only post. Herrmann represents Wyeth and doesn’t want to go on record on this.
We mentioned the Montgomery v. Wyeth case before, here. Well we’re pleased to report that the Sixth Circuit today affirmed the defense summary judgment in Montgomery, slip op. here. The moral of Montgomery is…
“Anticipated Life” And The Statute Of Repose
For reasons too numerous to mention, neither of us can comment on the recent decision in Montgomery v. Wyeth, No. 1:05-CV-323, slip op. (E.D. Tenn. Mar. 19, 2008) (copy here) (now published at 540 F. Supp.2d 933).
But you should know about that decision, so we’re describing it (very briefly) here, stripped of…
Playing The MDL Game
This time of year, many of us are focused on the NFL playoffs. For someone who watches the Super Bowl for the commercials or the halftime show, which team wins may not matter much. For those devoted to a particular team, however, there is one possible result that will be truly satisfying. The reality is…
A Rare Application Of The Political Question Doctrine
Those of us who took Con Law as first year law students may recall Marbury v. Madison as an early test of the Supreme Court’s place in our nascent republic. Alliteration being a mnemonic device, some may recall that Madison was Secretary of State James Madison and the decision was written by Chief Justice John…
Guest Post – Michigan Product Liability Law: Retroactivity of New Law and Primer
Today’s guest post is by Sherry Knutson and Brenda Sweet of Tucker Ellis, and concerns the recently passed legislative repeal of a Michigan statute that, for several decades had effectively immunized prescription drugs from ordinary product liability actions under Michigan law. For background, here’s a prior blogpost that focused on the now-repealed statute. As…
How the Fifty States View Electronic Data as a “Product”
We have blogged several times about the somewhat esoteric issue of whether intangible items – chiefly computer software, website algorithms, and other electronic information – is treated as a “product” for purposes of imposing strict liability on their creators. It’s an interesting topic; Eric recently wrote a paper on it, and Bexis is putting together a “white paper” for the Product Liability Advisory Council on the same subject. From these exercises we concluded that a 50-state survey on intangibles as “products” for product liability purposes would be both doable and useful.Continue Reading How the Fifty States View Electronic Data as a “Product”
Montana Enacts Product Liability Tort Reform (And Bans TikTok)
Montana became the first state to ban TikTok this month. You no doubt have seen the press and have read the spirited discussion condemning foreign spies on the one hand and championing First Amendment rights on the other. Litigation has already commenced. But, while all that was developing, you may have overlooked that Montana…