September 12, 2016
New Developments
FDA Requires Highest Level of Warning on Opioids & Benzodiazepines
By Jenna Marie Stupar

On August 31, 2016 the Food and Drug Administration (FDA) issued a new directive to include the “black box” label on approximately 400 opioid and benzodiazepine products. Opioids are powerful pain reducing medications including prescription oxycodone, hydrocodone and morphine.  Benzodiazepines are typically prescribed to treat conditions such as anxiety, insomnia and seizures.  Examples of these products include alprazolam, clonazepam and lorazepam.  Both types of drugs depress the central nervous system. [Continue Reading]

Driverless Cars and Automobile Insurance
By Mark Pratzel

As driverless automobile technology develops it leaves unanswered questions about the legal implications for auto insurance.   Currently, if drivers of traditional cars get into an accident, the auto insurance policy of the party at fault will typically cover the property and bodily injury damages sustained by the victim. But what happens if the fault can be attributed to an autonomous vehicle controlled by a computer? [Continue Reading]

When is a Product Design Defective?
By Alan Hoffman

In Izzarelli v. R. J. Reynolds Tobacco Company, the Connecticut Supreme Court was called on by the United States Court of Appeals, Second Circuit, to consider whether the so-called “good tobacco” exception to strict liability of comment (i) to Section 402A of the Restatement (Second) of Torts precludes an action against a cigarette manufacturer for manipulating the nicotine in its cigarettes to increase the user’s risk of cancer under Connecticut law. Answering in the negative, the Connecticut Court used the case to revisit its holding in Potter v. Chicago Pneumatic Tool Co. and the evolution of product liability jurisprudence since the Second Restatement. In doing so, it delved into a question at the heart of product liability law: what constitutes a design defect? [Continue Reading]

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Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
August 2016