Given the emergence of these outlier theories of liability
, it may be prudent for both manufacturers and co-promoters of brand pharmaceutical products to factor these litigation risks into their business strategies.
To date, various theories of liability
that have been advanced by
100) Ambiguity in how the court will analyze a claimant's theory or theories of liability
adds to the technicalities of procedure already demanded from claimants.
Comments are sought including, but not limited to: (1) whether the proposal merges multiple theories of liability
that are different; (2) whether the proposal addresses or should address the issue of foreseeable bystanders; (3) whether the Notes on Use to the instruction should comment on risk/benefit analysis; and (4) whether the proposal should address the distinction between strict liability and negligence
Because sustainability risk management includes ethics and social justice, this well-thought-out book includes chapters on new theories of liability
, increasing global litigation, reputation risks, social justice risks, stockholder resolutions, corporate governance, and more.
All of Plaintiffs' claims also advance theories of liability
premised on the conduct of Holy See employees in the United States engaged in the supervision of the allegedly abusive priests.
IF THE HOSPITAL HAD TIMELY RAISED THE ISSUE THAT THE PLAINTIFF HAD RAISED TWO SEPARATE AND DISTINCT THEORIES OF LIABILITY
IN THE TRIAL COURT, ONE EXCLUSIVE OF THE OTHER, THE APPELLATE COURT'S DECISION MAY HAVE BEEN DIFFERENT.
Together with a number of collaborators, he provides guidance for such lawyers, offering chapters that discuss theories of liability
and damages in toxic tort cases, defenses to toxic tort cases, the use of scientific and medical evidence in toxic tort litigation, causation and the use of experts in toxic tort cases, case strategy and trial management issues, settlement considerations, trends in toxic tort mold litigation, trends in toxic tort lead litigation, asbestos litigation, silica litigation, food product liability litigation, pharmaceutical product liability litigation, and methyl tertiary butyl ether (MTBE) cases.
The Exchange also offers a comprehensive FDA litigation packet, "Pharmaceutical Products Liability Cases," which contains materials on the FDA prescription drug approval process and its inherent flaws; theories of liability
and recent trends in pharmaceutical products liability cases; drug companies' direct-to-consumer marketing tactics and the effect on the learned-intermediary doctrine; drug company promotion of off-label use and its adverse effects; pharmacology; epidemiology and its role in proving causation; sample complaints; client-intake and case-evaluation forms; tips on selecting and "Daubert-proofing" your expert; and strategies, as well as case law, on avoiding preemption in general.
In addition to liability for testing for genetic predisposition, employers may find themselves liable for not testing under common law theories of liability
and the Occupational Safety and Health Act of 1970 (OSHA).
We need to distinguish scenarios that are black-and-white fraud from legitimate practices that are being attacked with attenuated theories of liability