Although the argument in Mutual Pharmaceutical Co. v. Bartlett took the Court to common ground – essentially a replay of last year’s decision in PLIVA, Inc. v. Mensing — the Justices seemed far from ...

As a small-business owner, you can protect yourself and your business from costly litigation by recognizing situations that expose you to tort liability. A tort is a civil wrong causing injury to ...

Back in the dark ages of tort law a person injured by a defective product had no recourse absent privity of contract with the seller. That changed in the 1960s with the development of strict liability ...

Next week’s argument in Mutual Pharmaceutical Co. v. Bartlett has the Court returning to what is becoming increasingly well-trodden ground. It is the second of a trilogy of arguments this winter in ...

Because it is impossible to design a prescription drug that provides the desired health benefits with zero risk of harm, courts have long held that manufacturers of prescription drugs are not strictly ...

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and ...

A failure-to-warn claim is a staple of products liability litigation. The basic premise is that a manufacturer or seller failed to warn a consumer about an unreasonable risk of foreseeable harm ...