All posts in the category: "Product Liability Law"

A second wind for public nuisance law? - PointofLaw.com 

Walter Olson, a Senior Fellow at the Manhattan Institute Center for Legal Policy, poses the question of whether or not the advancement of North Carolina's public nuisance suit against the Tennessee Valley Authority (TVA) signals a second wind for state AGs pressing public nuisance claims in place of product liability claims.  As has been witnessed in Rhode Island and, more recently, Ohio, state AGs attempting to circumvent the standard remedy of product liability by pressing public nuisance claims have found themselves well outside the scope of the public nuisance legal theory.  Olson wonders whether or not North Carolina's claim will breathe new life into the public nuisance as a product liability remedy debate.   Read More »

Sherwin-Williams Files Complaint Over Stolen Documents - courthousenews.com

Jones Day, counsel for Sherwin Williams, has filed a complaint in Ohio's Cuyahoga County Common Pleas Court alleging that Motley Rice, counsel for Rhode Island in the infamous Public Nuisance suit, illegally obtained documents containing Sherwin William's sensitive and privileged information.   Read More »

State Court Docket Watch - The Federalist Society for Law and Public Policy Studies

The Federalist Society has published a special issue of the State Court Docket Watch, a semi annual examination of state court litigation. The focus of the most recent issue is Lead Paint Litigation; primarily the Public Nuisance lawsuits brought in Rhode Island and Ohio, as well as the pending lead paint litigation in California.  Read More »

PBDE Liability: Get ready - Point of Law .com

Once again we can envision the tort bar gearing up for asbestos type litigation to sue manufacturers of lawful products.  Or, as Michael Krauss points out in this post, “Thinking of using a new and potentially beneficial chemical compound? Get that crystal ball out first!”  Read More »

Legal Sandstorm – Worker Protection, Product Liability, and Warnings - (PDF) aiha.org

For those of you who want a history and analysis of silica litigation and silicosis cases and the relevant law surrounding them, this is a great presentation by John C. Warren, of Taylor Warren, LLC.  In it he also documents the findings of Judge Janice Jack and how that is changing the system.  Read More »

Judge Janice Jack made history on silicosis issue - Caller-Times (caller.com)

This editorial in the Caller-Times shortly after the silicosis litigation in 2005 pays homage to Judge Janice Graham Jack of Corpus Cristi and explains that “... her blunt assessment that the cases representing 10,000 plaintiffs that wound up in her court were all but scams to fleece the defendant companies has badly shaken the web of lawyers, expert witnesses and X-ray technicians who have milked the legal system for millions.”  Read More »

Silicosis Ruling Could Revamp Legal Landscape - npr.org legal affairs

This 2006 article by Wade Goodwyn in NPR legal affairs shows how mass tort plaintiff lawyers use the medical screening process to file questionable lawsuits for silicosis and asbestos claims.  The judge in this case, Janice Graham Jack, accuses the doctors and lawyers of “legal and medical fraud.”

Angelos Strikes Out Again: Cell Phone Brain Injury - Point of Law.com

We can thank Judge John R. Padova of the U.S. District Court for the Eastern District of Pennsylvania for throwing out the ridiculous attempt to sue a legally constituted industry, in this case the cell phone manufacturers, for operating well within the law and for following their regulatory agency’s (FCC) standards.

Regulation through Litigation - Point of Law.com

Walter Olson writing in Point of Law in 2005 shows us the seeds that were sown, which are the sources of The Wilderness and its encroachment on legal civilization.

One judge starts draining fetid legal swamp - Precision Plain English and Washington Examiner

More on the judge who upon receiving lawsuits “from some 10,000 silicosis plaintiffs to her court, seeking to have them combined for trial, returned most of the cases to the state courts where they originated, mainly in Mississippi. But not before dredging up a swamp of corruption on the plaintiffs' side.”   Read More »