February 7, 2012 Volume 7 Issue 2  
 

 

Offering court-qualified scientists, engineers and researchers with expertise in product testing, scientific evaluation and forensic analysis for over 40 years. 

DRI Resources
 

Join the DRI Community

    

In Strictly Speaking 
Decision 2010/15/EU expected to have significant impact on product safety and product liability issues worldwide
Supreme Court Clarifies Pleading Standards In Ashcroft v. Iqbal
Food Law SLG
Product Safety Management - Its Time Has Come
Federal Preemption and the National Childhood Vaccine Injury Act

 

Committee Leadership

Committee Chair
Charles A. Stewart,III
Bradley Arant Boult Cummings
(334) 956-7608
cstewart@babc.com

Committee Vice Chair
Patrick J. Sweeney
Sweeney & Sheehan
(215) 563-9811
patrick.sweeney@sweeneyfirm.com
 
Newsletter Editor
Joshua H. Abramson 
Porzio Bromberg & Newman
(212) 265-6888 
jhabramsono@pbnlaw.com
 

Webcast  


Wednesday, December 14,
2011
 
Seminar
 
 
 
April 11-13, 2012
Las Vegas Nevada


DRI Publications
 
Featured Articles
Decision 2010/15/EU expected to have significant impact on product safety and product liability issues worldwide
by Dr. Ralf Deutlmoser

The European Commission's Decision 2010/15/EU lays down guidelines for the management of the Community Rapid Information System established under Article 12 and of the notification procedure established under Article 11 of Directive 2001/95/EC (the General Product and Safety Directive, "GPSD"). It can be expected that the Decision will have significant impact on the procedures relating to the regulatory side of product safety in Europe.

[FULL STORY]
 
Supreme Court Clarifies Pleading Standards In Ashcroft v. Iqbal
by R. Bruce Barze, Jr. and Sean Shirley

In May of 2009, the U.S. Supreme Court decided the case of Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). Javaid Iqbal is a Pakistani Muslim who was arrested for his suspected link to the terrorist attacks of September 11th. Following his release, he filed a Section 1983 claim alleging that the FBI's policy of detaining "high interest" individuals subjected him to harsh confinement conditions based on his race, religion, and national origin. However, despite the narrow subject matter of the case, the Iqbal decision is likely to have a profound effect on pleading practice in all federal civil actions.
[FULL STORY]
 
From the Chair
by John Kuppens

I just returned home from our conference in Las Vegas, which was a tremendous success.  The presentations were exceptional, and the conference was very well-attended.  It was great to see so many old friends, and to meet so many new ones.  My thanks go to the entire Steering Committee, particularly Mike Jones, Pat Sweeney, Tom Regan, Kurt Meaders, Jack Laffey, Sara Turner, Cynthia Arends, Jeff Holmstrand, Amanda Cialkowski, Christina Dixon, Mike Drahos, and Kris Carey.  Also, Jennifer Cout, Lisa Sykes, and Lynn Conneen of DRI did an awesome job making it all run smoothly.
[FULL STORY]
 
SLG Focus
Food Law SLG
by Sky Woodward

Food is a $1 trillion industry, and no product impacts our daily lives more. Given recent improvements in national food-borne illness outbreak surveillance, more food-borne illnesses are being identified, and more outbreaks are being reported.  By extension, many of these outbreaks are being associated with an increasing number of foods and more companies – either directly or indirectly – are being affected.  In turn, an increasing number of defense lawyers are being asked to provide advice to food companies faced with a crisis. 
[FULL STORY]
 
Notes from the Blog Chair
by Cynthia Arends

With Justice Stevens' recent retirement announcement, it raises the question of how much influence does one judge have on the tenor of a court?  The blog piece below discusses that question in another context, following a New York Times' article on the changes in the New York Court of Appeals following the appointment of Chief Judge Lippman.  It may give readers some food for thought as we head into the selection process for Stevens' seat. 
[FULL STORY]
 
From the Editor
by Joe Cohen

This quarter, I simply want to offer my congratulations to Mike Jones, John Kuppens and Chuck Stewart for pulling off what many of you know was another fantastic Products Liability conference. The speakers were engaging, the topics were of great interest, and the surroundings were not so bad either! It is always nice to see old friends and have the opportunity to make new ones.
[FULL STORY]
 
Product Liability Prevention
Product Safety Management - Its Time Has Come
by Kenneth Ross

An effective product safety management program can help to reduce accidents, reduce recalls, reduce insurance premiums, increase the safety and quality of products, provide a more defensible product and company in the event of litigation, and minimize the chance of punitive damages. And the techniques have been well-developed for decades. 
[FULL STORY]
 
Young Lawyer Column
Federal Preemption and the National Childhood Vaccine Injury Act
by Amanda Lowery Matthews

Determining whether or not the National Childhood Vaccine Injury Act ("NCVIA") of 1986 preempts specific state tort claims has been a debated issue for several years. In 2008, the Georgia supreme court took up this issue with regard to design defect claims, and ruled that in those cases, preemption is determined on a "case-by-case basis." American Home Products Corp. v. Ferrari, 284 Ga. 384, 668 S.E.2d 236 (2008). 
[FULL STORY]