Product liability may be overkill for large firms responsive to market forces and subject to governmental regulation, say Mitchell Polinsky and Steven Shavell of the National Bureau of Economic Research.
The case for scrapping product liability
Facts fudged in smoking ban campaigns
While a number of recent studies suggest that smoking bans cut down on heart attacks, critics argue that the data they rely on have been skewed or misinterpreted.
Public nuisance highlights
Novel uses of public nuisance and concerns over contingency arrangements were frequent themes for Public Nuisance Wire in 2009.
2009 paint litigation roundup
Paint litigation was a frequent focus for Public Nuisance Wire in 2009.
Philip Morris verdict wrong on three counts
Critics say the verdict represents a politically correct determination to vilify tobacco companies and ignore smokers' assumption of risks.
Minnesotans anticipate legislative battle over statute of limitations
"When state laws allow too many lawsuits that don't have merit, you pay for it through higher taxes to cover the court system's costs," warns the nonprofit group Minnesotans Against Lawsuit Abuse (MALA).
Tort reform opponents in denial, says Tiger Joyce
"Too many lawmakers and analysts still stubbornly insist that medical liability lawsuits do not contribute significantly to rising health care costs," notes Tiger Joyce of the American Tort Reform Association.
State legislatures resist federal usurpation
In recent postings on its website, the National Conference of State Legislatures (NCSL) outlines its position on medical malpractice, product liability, and tort reform.
Contingency arrangements undermine governmental neutrality
The amicus brief submitted in August by the National Paint & Coatings Association (NPCA) in Pennsylvania v. Janssen Pharmaceutica is an excellent companion piece to Janssen’s January application for extraordinary relief.
Legalizing theft by lawsuit
In light of subsequent actions against lead paint and asbestos manufacturers, a 2001 commentary by Robert Levy of the Cato Institute on contingency-fee arrangements seems positively prescient.
Contingency arrangement violates separation of powers, due process
Janssen’s January application to the Pennsylvania Supreme Court for extraordinary relief in the case of Pennsylvania v. Janssen Pharmaceutica makes a compelling argument against contingency arrangements between governments and private attorneys.
Contingency Controversy Highlights Larger Problem
As the October 21st date for oral arguments in the notorious case between Janssen Pharmaceutica and the state of Pennsylvania nears, contingency contracts between states and law firms remain a hot button issue.
Petition targets gun manufacturer liability
A petition filed in Adames, et al. v. Beretta USA Corp could reopen the case of a teenager fatally shot by his best friend. Firearms instructor Jeff Dissell argues that the current lawsuit ignores federal law.
Philip Morris to appeal $1.9M verdict
RICHMOND, VA. -- Philip Morris USA announced on August 13 that it would appeal a Ft. Lauderdale jury verdict awarding $5.3 million in compensatory damages to the family of a former smoker.
Cordray weighs in on lead paint, etc.
COLUMBUS, Ohio -- Ohio Attorney General Richard Cordray recently sat down with RightOhio blogger Matt Naugle to discuss public nuisance lawsuits aimed at lead paint manufacturers and other issues facing the Buckeye State's top law enforcement official.
Positive trend for defendants in product liability
Jim Beck, of counsel at Dechert LLP in the mass torts and product liability group in Philadelphia, spoke to Public Nuisance Wire about changes in product liability and the impact they've had on defendants.
Pending Contingency Rulings Could Spark Lawsuit Abuse by AGs
Contingency contracts between law firms and the government are continuing to raise eyebrows, especially when political contributions come into play.
Portable Toilet Seat Wins 12th Annual Wacky Warning Label Award
DETROIT, Mi. -- The Foundation for Fair Civil Justice has announced the 2009 winner of its Wacky Warning Label Contest and it comes from a slightly icky place: an off-road commode.
Recent Entries
- Our watchdog press enabled the global warming hoax 10 Feb 2010
- Climategate takes steam out of global warming litigation 03 Feb 2010
- Courts rule against cities in subprime mortgage suits 27 Jan 2010
- Utah manufacturers protest EPA action 20 Jan 2010
- Memphis jumps on the subprime suit bandwagon 13 Jan 2010
- The case for scrapping product liability 06 Jan 2010
- Facts fudged in smoking ban campaigns 05 Jan 2010
- Public nuisance highlights 30 Dec 2009
- 2009 paint litigation roundup 29 Dec 2009
- Damage caps were an essential piece of tort reform 28 Dec 2009
