Category Archives: Products liability

Ari Waldman, ‘Privacy’s Law of Design’

ABSTRACT Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret ‘privacy by design’ as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people […]

Gentry and McMichael, ‘Responses to Liability Immunization: Evidence from Medical Devices’

ABSTRACT The Supreme Court’s decision in Riegel v Medtronic unexpectedly and immediately immunized medical device manufacturers from certain types of state tort liability. Riegel immunized manufacturers from liability if their devices had been approved through the Food and Drug Administration’s most rigorous|and costly|review process, premarket approval (‘PMA’). Exploiting this unanticipated decision, we examine whether manufacturers […]

van Duin and Leone, ‘The Real (New) Deal: Levelling the Odds for Consumer-Litigants On the Need for a Modernisation, Part II’

ABSTRACT With its New Deal proposals, the European Commission aimed to secure that all consumers ‘fully benefit from their rights under Union law’. We argue that such commitment requires taking a step back from an exclusive focus on enforcement, to tackle challenges to the justiciability of consumer rights. Consumers must be seen both in their […]

‘How judges added to the grim toll of opioids’

“For years, they sealed evidence about the risks as the body count mounted. And as a Reuters analysis found, it’s only one of many big product-liability cases in which judges have countenanced a lethal and often unlawful secrecy …” (more) [Benjamin Lesser, Dan Levine, Lisa Girion and Jaimi Dowdell, Reuters, 25 June]

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 […]