State-to-State Variability: Statute of Repose

Statute of Repose is another state law that can vary from state to state. This law specifically deals with the time allowed after the sale of a product a product liability lawsuit can be brought to the courts.

The Pre-emptive Defense for Medical Products

What will Obama do? Many journalists are convinced that President Obama’s administration is out to completely strike down pre-emption as an effective medical liability defense by medical manufacturers. In 2009, the Supreme Court ruled in Wyeth v. Levine that state juries…

What is the Pre-emptive Defense?

Why it cannot apply to all FDA-approved products Over the past few years I have gone back and forth over whether pre-emption is good for the American public. The Pre-emptive Defense Many pharmaceutical and medical device companies contacting me for…