Product liability risks faced by trade associations that lobby the government on health and safety issues

Article Abstract:

Plaintiffs suing trade associations in products liability cases based on the associations' lobbying and other political activities must point to specific fraudulent, corrupt or negligent actions to overcome particularized proof requirements and First Amendment protections. Courts have allowed such actions where associations established inadequate safety standards, where they had sufficient knowledge of and control over product dangers to constitute enterprise liability and where concerted actions to conceal product dangers to the public and regulatory officials can be proven.

Political activity, Ethical aspects, Lobbying, Chambers of commerce

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Clozaril and the threat of product liability: defensive drug distribution invites regulatory reform

Article Abstract:

Sandoz Pharmaceuticals retained control over Clozaril distribution because it legitimately feared being held strictly liable for patients', doctors' or pharmacists' misuse of the relatively untested new antipsychotic drug. Sandoz' cautious distribution system stems from the disproportionate liability imposed on drug manufacturers, and signals the need for legal and regulatory reform to encourage drug development. Liability in future drug defect cases must be apportioned according to the degree of negligence throughout the manufacturing and distribution chain down to patients.

Prevention, Dosage and administration, Pharmaceutical policy, Clozaril (Medication)

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Procedural tort reform: lessons from other nations

Article Abstract:

The US government must institute reforms in its tort system to prevent further increase in the number of product liability lawsuits that do not have any scientific basis. The lawsuits have affected deregulation since businesses would prefer federal protection rather than be placed under the tort system. The problem can be remedied by adopting a loser-pays rule and abolishing civil jury trials for scientific cases.

Corporations, Tort reform, Tort liability, Tort liability of corporations

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