The "Blawg"

January 13, 2006

District Court in Pennsylvania Finds Failure to Warn Claims Preempted Based on the new FDA Preemption Preamble and Amicus Brief.

Written by Steve Herman
January 13, 2006

California Court of Appeal Rejects Assumption of Risk from Off-Road Collision with Underage Operator of ATV.

Written by Steve Herman
January 13, 2006

New Jersey Court Rejects Application of Michigan Products Liability Act where Drugs are Manufactured in New Jersey.

Written by Steve Herman
January 13, 2006

Second Circuit Reverses Dismissal of Product Liability Action due to Misapplication of the Discovery Rule.

Written by Steve Herman
January 13, 2006

Punitive Damage Award Reduced in Claim Against Chrysler for Defective B-Pillar in Pick-Up Truck.

Written by Steve Herman
January 13, 2006

Divided Tenth Circuit Panel Concludes that Third-Party’s Benefits Determination is Entitled to Deference.

Written by Steve Herman
January 13, 2006

Supreme Court Effectively Overrules Great-West.

Written by Steve Herman
January 13, 2006

Fourth Circuit Rejects Breach of Fiduciary Duty Claim For Mismanagement of 401(k) Plan.

Written by Steve Herman
January 13, 2006

Supreme Court Holds That Claims for Payment of Workers’ Compensation Premiums Do Not Receive Priority Under the U.S. Bankruptcy Code.

Written by Steve Herman
January 13, 2006

Second Circuit Requires SPD to Provide Sufficient Notice to Participants with respect to their Burden to Establish a Claim for Additional Benefits under the Plan.

Written by Steve Herman