Newsletters

U.S. Food and Drug Administration Regulation of Direct-to-Consumer Advertising of Prescription Drugs

The U.S. Food and Drug Administration (FDA) has authority to regulate prescription drug advertising. FDA regulations prohibit false or misleading advertising of prescription drugs. In 1997, the FDA adopted special guidelines for advertising prescription drugs through broadcast media.

Public Policy Considerations Underlying Strict Products Liability

Products liability deals with personal injury and property damage caused by products that are defective due to a design or manufacturing defect. Strict products liability is a legal doctrine that holds a manufacturer or seller responsible for making or selling a defective product, regardless of fault, if the product injures a purchaser or user or his/her prope

Product Liability Suits Involving Injury Caused by Altered Product

Products liability is an area of law dealing with personal injuries and property damage caused by products that are defectively designed or manufactured. A manufacturer has a duty to exercise ordinary care in designing and manufacturing a product. A product carries an implied promise that it is safe for its intended use.

Liability of Manufacturers of Truck Wheel Components for Defective Tire Rims

Multi-piece truck wheels or rims have caused numerous serious injuries and deaths to tire mounters since they were introduced to the market. The rims can explosively separate from the wheel and cause injuries by striking tire installers and others standing nearby. Referred to as "widow makers" by those in the tire mounting industry, the rims have been the subjects of many lawsuits.

Protective Orders in Drug Product Liability Litigation

After a drug product liability lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) engage in a process called discovery. The purpose of discovery is to allow a party to learn more about the important facts of the case before trial and the other party's evidence. The scope of discovery is very broad. It covers any information that is relevant to the case or which may lead to relevant evidence. Privileged information and the work product of the opposing party's lawyer (the lawyer's written observations, theories, opinions, and research) do not have to be disclosed. Privileged information includes oral and written communications between an attorney and his/her client.