WTK Connect
This blog provides updates and important insights about products liability, commercial, and consumer litigation. It aims to educate our audience on the developments in these areas as well as to provide the audience with unique perspectives from seasoned defense attorneys. ______________________________________________________________________________________________________________________
- Appellate Court Applies Proposition 64 to Limit Class Certification in False Advertising Claim
Jan 1, 2006 | Topics: Class Actions, Business Litigation, Product Liability
The Second District Court of Appeal recently granted Pfizer Inc.’s request for a writ of mandate to overturn a trial court order certifying a class action that had claimed the company marketed its mouthwash in a misleading manner by indicating it could replace the use of dental floss in reducing plaque and gingivitis.
Continue reading... - California Supreme Court Rules Proposition 64 Applies to Pending Cases; Leaves Open the Potential to Substitute Plaintiff to Meet Standing Requirements
Jan 1, 2006 | Topic: Product Liability
In a decision touted as “curbing abuses of the state’s consumer protection laws,” the California Supreme Court has made it clear that Proposition 64 – the November 2004 ballot initiative that amended California’s unfair competition and false advertising laws, Bus. & Prof. Code §§ 17200 and 17500 et seq. to limit standing to sue under those statutes
Continue reading... - Court Reduces Damage Award Found to be Product of “Passion or Prejudice”
Jan 1, 2006 | Topic: Product Liability
The Fourth District Court of Appeal has partially reversed a judgment awarding compensatory and punitive damages that it found violated the state law ban on awards that are the product of “passion or prejudice.”
Continue reading... - FDA Position on Approval of Prescription Drug Labeling Under FDCA to Preempt Certain State Law Product Liability Claims
Jan 1, 2006
The FDA issued a formal statement this year that is expected to strengthen arguments by drug manufacturers that state law failure to warn claims are preempted by federal labeling regulations.
Continue reading... - Federal Discovery Rules Impact Electronic Discovery
Jan 1, 2006 | Topics: Business Litigation, Class Actions, Product Liability, Warranty
Amendments to Federal Rule of Civil Procedure 26, expected to become effective December 1, 2006,
Continue reading... - U.S. Supreme Court to Revisit Punitive Damages Issue
Jan 1, 2006 | Topics: Business Litigation, Class Actions, Product Liability, Warranty
The U.S. Supreme Court has added Phillip Morris USA v. Mayola Williams to its docket for the Fall, agreeing to review a $79.5 million verdict against the tobacco company for the death of an Oregon smoker.
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