On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more
6/20/2022
/ Appeals ,
Apple ,
California ,
Class Action ,
En Banc Review ,
Liability ,
Manufacturers ,
Product Defects ,
Reversal ,
State and Local Government ,
Warranties
Courts have struggled for decades to define the constitutional limitations on personal jurisdiction over major product manufacturers who sell their products nationwide. The central tension has been determining the validity...more
9/23/2019
/ Asahi ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Distributors ,
J. McIntyre Machinery v. Nicastro ,
Manufacturers ,
MN Supreme Court ,
MT Supreme Court ,
Personal Jurisdiction ,
Product Defects ,
Specific Jurisdiction ,
Stream of Commerce
For some long-awaited events, a little time and distance can add a measure of clarity. Not always – many still are processing the Game of Thrones finale, with no end in sight. But over the past few weeks pharmaceutical...more
6/25/2019
/ Agency Disapproval ,
Clear Evidence Standard ,
Failure To Warn ,
FDA Approval ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Jury Trial ,
Manufacturers ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Preemption ,
Prescription Drugs ,
Question of Fact ,
Question of Law ,
Remand ,
SCOTUS ,
State Law Claims ,
Vacated ,
Warning Labels