Torts Commons^™

Mutual Pharmaceutical Co. V. Bartlett And Its Implications, Brian Wolfman, Anne King

Georgetown Law Faculty Publications and Other Works

The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Bartlett, which generally shields generic drug manufacturers from state-law damages liability for design-defect claims, may also have broader implications for preemption jurisprudence. In this article they describe the Supreme Court’s decision in Mutual and evaluate how it may affect future products-liability litigation.

Part I provides an overview of the case’s factual background and of federal generic drug regulation, while Part II discusses the Court’s majority opinion and the dissents. Part III analyzes the implications of the decision, offering ideas on how plaintiffs injured by …

Liability For Unreasonably And Unavoidably Unsafe Products: Does Negligence Doctrine Have A Role To Play, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

To what extent, if any, should courts hold defendants liable for harm caused by hazards associated with the unduly and unavoidably dangerous aspects of goods they produce and market?

Where manufacturers might have eliminated unreasonable risks arising from the manufacture or design of a product, or from the information (or lack thereof) conveyed by a product's labeling, the tort system traditionally has provided injured victims with an opportunity to obtain compensation for injuries attributable to these risks. Moreover, even where risks from manufacturing or construction defects could not have been eliminated with the exercise of reasonable care, the courts have …

Consumer Involvement And The Consumer Product Safety Act, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The notion that consumers should actively participate in the administration and enforcement of a federal statute designed to protect them from unreasonable risks of harm is a distinguishing feature of the Consumer Product Safety Act (CPSA). History suggests that when Congress entrusts to a federal agency authority to intrude into the market place on behalf of the general public (or a segment thereof), in a matter of time the agency becomes overly responsive to, or even captive of, the corporate interests subject to regulation. The absence of public-interest pressures- a very raison d'etre for the setting up of the regulatory …