No Clarity on Comment K in Massachusetts

Comment K to Section 402A of the Restatement (Second) of Torts has caused confusion in prescription drug litigation for years, as courts across the country have taken a variety of stances regarding the viability of negligent design claims related to prescription drugs. Just last month, it looked like clarity on this issue would be provided forRead the full article →

Another Successful “Clear Evidence” Preemption Defense

This month, the District Court of Utah issued a preemption decision addressing the “clear evidence” standard set forth in the Supreme Court’s decision in Wyeth v. Levine.  This is yet another critical decision for drug manufacturers relying on a preemption defense to failure to warn claims. In Cerveny et al.Read the full article →

Savvy Cosmetics Consumers Know Better, Says Ninth Circuit

Everyone likes a bit of fancy packaging with their $25 lip gloss. Plaintiff Angela Ebner was presumably no exception, that is, until she brought a putative consumer class action against cosmetics manufacturer Fresh, Inc. alleging that the label, tube design and packaging of its Sugar lip product were deceptive and misleadingRead the full article →

Tyson Foods — What It Means

As anyone interested in class actions and mass torts surely knows, last week the United States Supreme Court issued its decision in the much-anticipated Tyson Foods, Inc. v. Bouaphakeo appeal.  While practitioners and corporations may have been hoping for sweeping pronouncements with black and white application regarding the use of Read the full article →