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.

Analysis, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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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.

Consumer protection, Product recalls

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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.

Lead poisoning, Liability for condition and use of land

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