Friday, March 6, 2009
After the Supreme Court rejected Wyeth's preemption claim in Wyeth v. Levine, Congress took steps to reverse the Supreme Court's earlier preemption decision, Riegel v. Medtronic, Inc. House representatives Frank Pallone, Jr. (D-NJ) and Henry Waxman (D-CA) introduced the Medical Device Safety Act of 2009 to "protect patients from dangerous and defective devises by correcting the Court's flawed interpretation of the MDA." In effect, the Act restores state product liability lawsuits and restores the private attorney general's role in bringing suit. NYU recently held a symposium on the broader idea of Tort Law in the Shadow of Preemption. The symposia should be forthcoming in the NYU Annual Survey of American Law.
Wednesday, March 4, 2009
Apparently no legal system can escape the mass tort juggernaut -- for good or ill. The Highest Court in China has recently given the green light to suits arising out of the distribution of tainted milk. See the article on the Associated Press here. One interesting aspect is the numbers of families who have refused government compensatio because it is too small, electing instead to sue.
I haven't had a chance to read the opinion yet, but wanted to broadcast the news as soon as possible. The Supreme Court has decided Wyeth v. Levine and in a 6-3 opinion, rejected Wyeth's preemption claim. The Associated Press report is available here through the New York Times.
Monday, March 2, 2009
Article on cnn.com -- Decades later, asbestos-ravaged town has its day in court, by Josh Levs. Here's an excerpt:
For much of the last century, people in the small town of Libby, Montana, were surrounded by toxic asbestos. It covered patches of grass, dusted the tops of cars and drifted through the air in a hazy smoke that became a part of their daily lives.
Now, after decades of suffering and watching loved ones die, area residents are getting their day in court.
Federal prosecutors have begun a trial of the mining company they blame for the pollution, which doctors say left more than 1,000 people ill and more than 200 dead.
The ABA's Section of Litigation will have its Annual Conference on April 29 to May 1, 2009 at the Atlanta Marriott Marquis in Atlanta, Georgia. Program topics include Causation and Injury in Toxic Torts -- An Examination of Modern Causation Principles in Toxic Tort Litigation; Enemy of the State -- The Challanges of Civil Litigation with States and Municipalities; and Preemption in Product Liability Litigation.