Federal preemption - a prime case reference
Article Abstract:
The case of Cipollone v. Liggett Group provides a good primer for defense counsel on analyzing a failure to warn complaint in liability cases that have been brought to the federal level. The defense's first strategy should be to seek a dismissal of the causes of action in order to get the case out of the federal courts. The interpretation of the federal statutes involved in Cipollone has become a standard for interpreting other federal statues in such suits, and is discussed.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Duty to recall, retrofit, or provide post-sale warnings
Article Abstract:
Courts have become more reluctant to impose upon manufacturers a duty to recall or retrofit products, but have been more willing to impose a duty to warn on such manufacturers. This post-sale duty to warn is more likely to be invoked in cases where the company has an ongoing relationship with purchasers, when the product has a long life, if there is any potential danger to the owner of the product, and if the company had notice of the design defect.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
How to win early in lead paint litigation: a defense perspective
Article Abstract:
Defendant counsel in suits for lead poisoning of children due to exposure to lead paint should try to win the suit early in the process or be prepared for protracted trial. Counsel may obtain summary judgment by showing landlord did not have sufficient notice that hazardous environment existed. Increased public awareness of lead dangers has increased litigation.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Federal Circuit clarifies laches defense. Misuse defense gains in federal courts
- Abstracts: Dispute resolution and avoidance techniques in the construction industry. Construction dispute prevention comes of age
- Abstracts: The Federal Trade Commission, adopting a simpler regulatory policy, recently issued a final rule to combat fraudulent and abusive practices by telemarketers
- Abstracts: Trading places; journalists and judges take on each other's roles in a conference designed to increase understanding
- Abstracts: The minimum wage, the earned income tax credit, and optimal subsidy policy. In memoriam Walter J. Blum