Court Ruling and Legislature Votes Converge to Move Keystone XL Pipeline Closer to Fruition

January 12, 2015

After the joys of the holiday season, returning to routine can be a bit of a letdown — but not so this year for supporters of the Keystone XL pipeline, who received a slew of good news in the second week of January.  The pipeline has taken several steps closer to fruition thanks to a […]

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Focus on Fracking and Earthquakes Continues to Increase

January 7, 2015

As our avid blog followers are aware, we keep a close watch on developments in the hydraulic fracturing, or “fracking,” space.  One area we have monitored closely is developments in the science around any link between fracking operations and earthquakes.  For example, see our recent posts here and here.  It should come as no surprise […]

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Solicitor General Advises Supreme Court to Deny Certiorari in Drug Labeling Preemption Case

December 31, 2014

In yet another pharmaceutical labeling preemption case to come before the Supreme Court, on December 16, 2014, the Solicitor General responded to the Supreme Court’s invitation to file a brief expressing its views on Petitioners’ petition for certiorari. The Petitioners filed their cert petition in the case, Teva Pharm. USA, Inc. v. Super. Ct. of […]

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South Carolina Imposes Heavy Burden on Experts in Design Defect Cases

December 29, 2014

Recently, a South Carolina district court excluded a very experienced engineer from offering expert testimony regarding the design on an obscure product on grounds that he lacked the requisite experience with that particular product. Estate of Ravenell ex rel. Ravenell v. Pugmill Systems, Inc., 2014 WL 7146848 (D. S.C. Dec. 15, 2014). This strict interpretation of Rule […]

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Cybersecurity and Products Liability: An Update

December 24, 2014

In the wake of recent data breaches, it is an appropriate time to revisit the topic of cybersecurity from a product liability perspective. In the medical device and health services sector, the U.S. Food and Drug Administration (FDA) has issued its final guidance advising medical device manufacturers of the need for “effective cybersecurity to assure […]

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