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Appeals Supreme Court of the United States Manufacturers

Troutman Pepper Locke

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

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On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the...more

Knobbe Martens

U.S. Supreme Court Defers to Agency Decision-Making in FDA’s Denial of Premarket Approval of Flavored E-Cigarette Products

Knobbe Martens on

We previously reported a decision by the U.S. Food and Drug Administration (FDA), denying the premarketing authorization of several flavored e-cigarette product. On April 2, 2025, the Supreme Court of the United States...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Food and Drug Administration v. Wages and White Lion Investments, LLC

On April 2, 2025, the U.S. Supreme Court decided Food and Drug Administration v. Wages and White Lion Investments, LLC, No. 23-1038, holding that FDA’s denial of the respondents’ application to market certain flavored...more

Epstein Becker & Green

Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care

On April 21, 2023, the U.S. Supreme Court ruled to preserve access to the prescription abortion drug mifepristone. However, while the case continues in the U.S. Court of Appeals for the Fifth Circuit, the future of...more

Faegre Drinker Biddle & Reath LLP

A Component Part Supplier’s Duty to Warn Following the U.S. Supreme Court’s Maritime Asbestos Decision

Under the Restatement (Third) of Torts: Products Liability § 5, Comment b (1998), the supplier of a product generally must warn about only those risks associated with the product itself, not those associated with the...more

Blank Rome LLP

The Supreme Court Adopts a Middle of the Road Approach When Deciding a Manufacturer’s Duty to Warn in the Context of Maritime Tort...

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On March 19, 2019, the U.S. Supreme Court in Air & Liquid Systems Corp. v. Devries held that, under maritime law, a product manufacturer has a duty to warn of asbestos or other hazardous parts when its own product, although...more

Beveridge & Diamond PC

Too Much to “Bare”: US Supreme Court Rejects Bare Metal Defense Under Federal Maritime Law

In an eagerly anticipated decision by the asbestos bar, the United States Supreme Court in Air & Liquid Systems et al. v. DeVries et at., Dkt. No. 17-1104, 2019 WL 1245520 (March 19, 2019) rejected the “bare metal defense” as...more

Polsinelli

U.S. Supreme Court Rejects Asbestos Defendants “Bare Metal Defense” in Maritime Cases

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In Air & Liquid Sys. Corp. et al. v. DeVries et al., No. 17-1104 (March 19, 2019), the U.S. Supreme Court held that under federal maritime law, a product manufacturer has a duty to warn when its product requires the...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Limits “Bare Metal Defense”

On March 19, the U.S. Supreme Court decided the case of Air & Liquid Systems Corp. v. Devries, affirming the ruling of the U.S. Court of Appeals for the Third Circuit in this maritime tort case involving the availability of...more

Cozen O'Connor

SCOTUS Rejects Bare Metal Defense in Maritime Products Liability Actions Involving Asbestos Exposure

Cozen O'Connor on

On March 19, 2019, the U.S. Supreme Court decided the first case involving maritime law in several years. In Air & Liquid Systems Corp. et al v. Devries, et al, 586 US ___ (2019), Justice Kavanaugh, writing for the majority...more

Husch Blackwell LLP

U.S. Supreme Court Narrows “Bare Metal Defense” For Maritime Asbestos Cases

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In its decision Tuesday, the U.S. Supreme Court held, under maritime law, that manufacturers can be held liable for injuries caused by asbestos-containing parts manufactured and added to their products by third parties. The...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Air & Liquid Systems Corp. v. DeVries

On March 19, 2019, the Supreme Court decided Air & Liquid Systems Corp. v. DeVries, No. 17-1104, holding that in the maritime tort context, a product manufacturer has a duty to warn when: 1) its product requires incorporation...more

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