Fungible? New uses for Sindell
Article Abstract:
The Supreme Court of Hawaii ruled on Nov 29, 1991 that the manufacturer of an HIV-infected bloodclotting factor is subject to market share liability. The court held that while the product is not fungible, without application of market share liability potential plaintiffs would have no remedy. The defendants in Smith v Cutter Biological Inc argued that application of market share liability as defined in Sindell v Abbot Laboratories would violate a law requiring positive identification of blood product suppliers in negligence cases.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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ERISA; three courts rule on pre-emption
Article Abstract:
The California Supreme Court and two federal courts in Dec 1992 decided cases on ERISA preemption of state law. In the California case, the court found a sufficient connection between the regulatory laws and the ERISA-financed nonunion apprenticeship program to warrant preemption. The 10th Circuit case dealt with a private sales contract on pension plan liability and the Fourth Circuit with an employee benefit plan subrogation clause's possible preemption of a state law limiting a medical provider's recovery.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Pre-emption; collagen lawsuits fail
Article Abstract:
The 5th Circuit in Stamps v Collagen Corp and the 1st Circuit in King v Collagen Corp upheld a preemption defense in stating that collagen manufacturers were insulated from product liability suits because collagen injections are on a Food and Drug Administration listing of approved Class III medical devices. The suits were brought by women who alleged that their autoimmune diseases were caused by the collagen injections.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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- Abstracts: Justices to review causation evidence. Why courts hesitate to appoint experts
- Abstracts: Franchisor's use of RICO: the best defense might be a good offense. Duty of good faith and fair dealing
- Abstracts: Some firms keep own counsel; lawyers for and inside firm review its dealings, ethics. Former partners awarded assets; McKenna's split in L.A
- Abstracts: Battles over religion still rage at high court. Court face-off in school fee case. High court could reshape church-state; pending cases provide a rare chance to alter the balance
- Abstracts: 60 Minutes with The Honorable Janet D. Steiger, Chairman, Federal Trade Commission. The 1992 Horizontal Merger Guidelines: a practitioner's view of key issues in defending a merger