TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, January 11, 2013

Ninth Circuit Allows Failure to Warn Medical Device Case to Proceed

Muddling the preemption waters, the Ninth Circuit has ruled that a plaintiff can bring a state law failure to warn claim against a medical device manufacturer.  The court found the claim was not preempted by the Medical Device Amendments to the Food, Drug, and Cosmetic Act.   A copy of the opinion is here.  The Recorder (via has more.

Thanks to Lisa Smith-Butler for the alert.


January 11, 2013 in Current Affairs, Products Liability | Permalink | Comments (1) | TrackBack (0)

Tuesday, January 8, 2013

Roller Coaster Death Case Settles

The family of an Iraq War veteran killed in a roller coaster accident has settled with Darien Lake amusement park.  The amount is undisclosed, but is rumored to be in the low seven figures as part of a structured settlement; the money will be used to care for the man's two young daughters.  The Buffalo News has the details

Thanks to Bill Childs for the tip.


January 8, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Defamation Lawsuit Over Law Review Article

The National Law Journal reports that a New Jersey banker, Robert Catalanello, has sued Associate Dean Zachary Dean (Arizona State), for defamation and invasion of privacy based on Dean's 2011 law review article, "Of Meat and Manhood."  Dean's aricle analyzes a discriminaion lawsuit brought against Catalanello by a former employee.   The suit also names the law review (Wash U St. Louis), and Western New England School of Law, where Dean lectured on the article.


January 8, 2013 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Sunday, January 6, 2013

Jeffrey O'Connell (1928-2013)

It is with profound sadness that I report the death of my teacher, mentor, and friend, Jeffrey O'Connell.  The longtime University of Virginia Law professor co-authored the work that led to no-fault automobile insurance and created an "early offers" proposal, a version of which was passed into law in New Hampshire last year.  He was a phenomenal classroom teacher and a good man.  He will be missed. 

I will likely post some further thoughts about Jeffrey later in the week.


January 6, 2013 in TortsProfs | Permalink | Comments (0) | TrackBack (0)