Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Medical Device Technology: Does Federal Regulation Of This New Frontier Preempt The Consumer's State Common Law Claims Arising From Injuries Related To Defective Medical Devices?, Susan M. Mesner
Journal of Law and Health
The purpose of this paper is to explore the relationship between federal medical device regulation and state common law tort actions. Specifically, the issue to be addressed is whether the Medical Devices Act and regulations promulgated thereunder preempt state law damage actions brought by injured consumers against device manufacturers. An analysis of the preemptive provision of the Medical Devices Act and case law construing this provision is set forth below. The United States Supreme Court's recent preemption analysis in Cipollone v. Liggett Group, Inc. will be used as a guide in establishing a useful method for determining whether state tort …
Potential Toxic Tort Litigation: Will Used Oil Be The Asbestos Of The 21st Century , Ronald P. Tomallo Jr.
Potential Toxic Tort Litigation: Will Used Oil Be The Asbestos Of The 21st Century , Ronald P. Tomallo Jr.
Journal of Law and Health
This paper explores why there has been so little litigation in this area considering both the harm posed by used oils and the high rate of exposure in many occupations. To aid in an analysis, three distinct topics will be addressed. First, basic information establishing the harm caused by prolonged exposure to used lubricating oils will be presented which will aid in understanding the potential liability. Second, existing case law shall be analyzed. Finally, the development of future litigation will be explored. Plaintiffs in these suits will typically be persons exposed to used oil by common machine lubrication applications - …