In Bartlett v. Mutual Pharmaceutical Co.,Inc., the United States Court of Appeals for the First Circuit held that generic drug manufacturers cannot rely on federal preemption to shield themselves from products liability claims alleging defective design of generic drugs. I. Facts Karen Bartlett (Bartlett) suffered burns on two-thirds of her body and permanent near-blindness several months […]
Author: tylercook
Texas Couple’s Suit against Internet Posters
Mark and Rhonda Lesher filed a defamation lawsuit after anonymous commenters from the Internet forum Topix.com posted thousands of posts accusing them of being drug dealers, criminals and sexual deviants. On Friday, April 20, a jury awarded the Texas couple $13.75 million. According to Meagan Hassan, the Lesher’s attorney, this award is the largest award […]
Falling Tree Limb Leads to Stuyvesant Square Park Lawsuit
In July 2007, 29-year-old Alexis Handwerker was sitting on a bench under a tree in Stuyvesant Square Park in New York City when a huge limb from the giant elm suddenly fell and pinned her to the ground. She survived the incident but was badly injured. She sued the city for negligence, claiming that parks […]
Maryland Appelate Court Rules on Pit Bulls
On April 24, 2012, a Maryland Appeals court declared pit bulls to be inherently dangerous, imposing strict liability on owners whose pit bulls attack a person. The ruling also holds landlords responsible for allowing dangerous dogs on their property. This decision lays the groundwork for the first statewide restriction aimed at pit bulls. If a […]
Texting while Driving – A U.S. Law Perspective
In Kansas City, Missouri, 16-year-old Rachel Gannon was recently charged with second-degree involuntary manslaughter after she lost control of her car, crashing into a vehicle driven by Loretta Larimer, a 72-year-old woman. Larimer later died from her injuries. The teenager was distracted by loud music and texting when she caused the crash. Larimer’s 10-year-old granddaughter, […]
Potential Health Risks posed by “Fracking”
Hydraulic fracturing, commonly referred to as fracking, is a procedure that is used to extract natural gas. The process involves forcing chemicals, sand and water at high pressure into rock deep below the earth’s surface, causing the rock to fracture, releasing natural gas and oil trapped within. Natural gas acquired through fracking currently accounts for […]