Category Archives: Products liability

Hodge and Gostin, ‘Guiding Industry Settlements of Opioid Litigation’

ABSTRACT The recent $270 million settlement of Purdue Pharmaceuticals and the State of Oklahoma on March 26, 2019 concerning the state’s opioid litigation is a harbinger of industry settlements to come. Thousands of opioid-related cases with impending trial dates may stimulate opioid manufacturers, distributors, and retailers to seek new deals to escape historic liability. Against […]

Mary Bartkus, ‘The Cost to Society of Pharmaceutical Mass Tort Litigation’

ABSTRACT This lecture for the Foundation for Law, Justice and Society, at Wolfson College, University of Oxford, addresses the cost to society of pharmaceutical mass tort litigation, nearly 15 years after the withdrawal by Merck & Co, Inc of Vioxx® (rofecoxib) from markets worldwide. When Merck withdrew Vioxx based on an increased relative risk of […]

‘Come for the Opioids, Stay for the Civil Procedure’

“Last week, I sat down with Nicolas Terry, who hosts the podcast, The Week in Health Law. We discussed the role of repeat players in multidistrict litigation leadership (on both sides), the functions and control of MDL judges, the ongoing opioid litigation, and my new book – Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation […]

Giorgio Risso, ‘Product liability and protection of EU consumers: is it time for a serious reassessment?’

ABSTRACT The European Union (EU) has not enacted a coherent and fully-fledged product liability regime. At the substantive level, the Product Liability Directive – adopted in 1985 – is the only piece of legislation harmonising the laws of the Member States. At the private international law level, the special choice-of-laws provision in the Rome II […]

Francesco Paolo Patti, ‘The European Road to Autonomous Vehicles’

ABSTRACT The present contribution intends to outline a ‘European regulatory strategy’ in order to address technological and legal challenges posed by autonomous vehicles. Starting with a recent communication of the EU Commission, the paper provides a critical analysis of the EU policies on the legal issues of liability related to autonomous vehicles. The ongoing discussions […]

Michael Faure, ‘Economic Analysis of Product Liability’

ABSTRACT This chapter in a book on European product liability provides a summary of the economic approach to product liability. The economic theory of product liability based on the Coase Theorem is explained. Next, product liability when damage is suffered by third parties is analyzed. Specific attention is paid to the EU Product Liability Directive […]

Mary Davis, ‘Time For a Fresh Look at Strict Liability for Pharmaceuticals’

ABSTRACT Over the ensuing 50 years from the promulgation of §402A, products liability in general has seen a retrenchment from strict liability. The Restatement (Third) of Torts: Products Liability openly adopted negligence principles for design and warning claims, and created an entirely new provision to protect pharmaceutical manufacturers even more robust than 402A’s comment k. […]

Patricia Cherana, ‘Assigning Liability In An Autonomous World Together With Reforming The Law According To The Modern Advances In The Medical Field’

ABSTRACT Due to the blooming advancement of technology, the application field of robotics became manifold. From performing surgeries, to shooting trespassers or babysitting our kids, robots started to dominate news headlines. Given the fact that this general intransigence progressively became visible within all sectors, much hype has been engendered towards the growing concern of its […]

Masterman and Viscusi, ‘The Specific Consumer Expectations Test for Product Defects’

ABSTRACT … In this Article, we propose that courts adopt an amended version of the consumer expectations test that we call the ‘specific consumer expectations test’. The specific consumer expectations test would apply to any product or product component for which consumers have clear, articulable ex ante expectations about the function of the product. Under […]

Christopher Bradley, ‘The Consumer Protection Ecosystem: Law, Norms, and Technology’

ABSTRACT Consumer law provokes fierce policy debate on issues from identity theft to online privacy, from arbitration clauses and class action lawsuits to Americans’ accumulation of debt and the unsavory practices sometimes used to collect. Pervasive technology in every aspect of consumer transacting has opened up many new fronts in these battles. Scholars, policymakers, and […]