Government Contract Defense in Products Liability Lawsuits

Under the doctrine of sovereign or governmental immunity, the government cannot be sued for its actions unless it gives permission. Federal, state and local governments have waived sovereign immunity in some circumstances by statute. For example, the Federal Tort Claims Act permits a lawsuit against the federal government for damages resulting from the negligent or intentional injury by a federal employee acting in the scope of his/her job.

Food and Drug Administration Modernization Act of 1997 and Advertising by Compounding Pharmacists

Compounding refers to a pharmacist's preparation of a customized medication by combining, mixing, or altering ingredients to create a medication that is tailored to meet the needs of an individual patient. The physician gives specific directions as to the preparation of the compound. Compounding is a traditionally recognized part of pharmacy practice, and all 50 states have laws that permit compounding

Product Liability and Microbial Foodborne Illness

According to the United States Centers for Disease Control and Prevention (CDC), 76 million people suffer foodborne illnesses each year in the U.S., accounting for 325,000 hospitalizations and more than 5,000 deaths. As a result, those afflicted with food-borne illnesses have sought redress in the legal system against food manufacturers, retailers, suppliers, and restaurants.

U.S. Food and Drug Administration Regulation of Direct-to-Consumer Advertising of Prescription Drugs

The U.S. Food and Drug Administration (FDA) has authority to regulate prescription drug advertising. FDA regulations prohibit false or misleading advertising of prescription drugs. In 1997, the FDA adopted special guidelines for advertising prescription drugs through broadcast media.

Heavy Machinery Litigation

Accidents caused by construction equipment, such as cranes, backhoes, bulldozers, front-end loaders, and skid-steer loaders, and manufacturing equipment often leave the victims dead or living with severe disabilities. Many of these accidents are just that -- unavoidable consequences of dangerous industries. Other construction accidents can be avoided with safer equipment, better warnings, or both. As a result of the avoidability of some construction accidents, manufacturers, distributors, and sellers of heavy machinery have often been held liable for injuries sustained as a result of defects in the machinery or as a result of improper warnings.