Product Liability Monitor

September 12, 2016
New Developments
FDA Requires Highest Level of Warning on Opioids & Benzodiazepines
By Jenna Marie Stupar

On August 31, 2016 the Food and Drug Administration (FDA) issued a new directive to include the “black box” label on approximately 400 opioid and benzodiazepine products. Opioids are powerful pain reducing medications including prescription oxycodone,

Product Liability Monitor

August 9, 2016
New Developments
GM’s Ignition Switch Litigation Woes Continue
By Shannon Peters

“Just when I thought I was out…they pull me back in.” That must be what GM’s executives (and counsel) were thinking when the Second Circuit handed down its recent decision overturning portions of the 2015 Bankruptcy Court decision that could have

Product Liability Monitor

July 8, 2016
New Developments
Federal Preemption of Pesticide Failure to Warn Claims
By Alan Hoffman

In 2005, the United States Supreme Court decided Bates v. Dow Agrosciences LLC, 544 U.S. 431 (2005), concerning preemption of state law failure to warn claims by the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136 et

Product Liability Monitor

June 7, 2016
New Developments
Driverless Cars and the Law
By Mark Pratzel

As driverless car technology evolves, questions continue to arise regarding its legal repercussions. Google, one of the leading forces behind autonomous cars, predicts that they will be available to the public by 2020.  Nissan and Tesla are also developing self-driven car technology.  

Recently the Supreme Court of Missouri held that The Protection of Lawful Commerce and Arms Act (“PLCAA”) preempts a negligence claim but allows a correctly pled negligent entrustment action against a firearm seller. Gun controlThus, the PLCAA is not only a hot political topic being discussed by the Presidential Candidates, but also one that is being litigated within the legal system.

In Delana v. Ced Sales, Inc., d/b/a Odessa Gun & Pawn, et al., (2016 WL 1357209 (MO en banc April 6, 2016, not released for publication) defendant Odessa Gun & Pawn (“Odessa) sold a firearm, to a mentally ill child of the plaintiff, Janet Delana, which the child used to kill her own father.  Plaintiff telephoned Odessa and asked the store manager, Derrick Dady, to refrain from selling a gun to her daughter, who was severely mentally ill and should not have a gun.  Plaintiff also told Mr. Dady that her daughter had purchased a gun at Odessa the previous month and attempted to commit suicide, and said, “I’m begging you, I’m begging you as a mother, if she comes in, please don’t sell her a gun. Two days later, Mr. Dady sold her a gun and ammunition which she used within an hour to kill her father.

Continue Reading PLCAA Challenged in Politics and in the Courtroom

The United States Consumer Product Safety Commission announced  nine (9) recalls during the week of February 15, 2016. The announcements include two different recalls on the basis of the potential for exposure to mold.  The following is a list of those recalls with links to the respective announcements from CPSC.

  1. Paper boxes recalled due to

BlogtankThe United States Consumer Product Safety Commission announced six (6) recalls during the week of February 8, 2016. The announcements include a recall of propane gas which lacked sufficient odorant to warn consumers of a leak.  The following is a list of those recalls with links to the respective announcements from CPSC.

  1. Snowmobile recalled due


As previously discussed here, the U.S. House of Representatives Energy & Commerce Committee will hold a hearing entitled “Industry Perspectives on the Consumer Product Safety Commission” on Wednesday, March 10, 2016.  It is clear from a Background Memo published yesterday that the Committee intends to delve into some of the highest profile issues in the CPSC regulated community from recent years.  The Committee also announced the witnesses testifying at the hearing as well as the topics that may be explored.

Continue Reading Hot Topics on the Agenda for House Committee Hearing on CPSC