Product Liability Preemption: Analyzing the Supreme Court’s New Decisions
Strategies for Asserting Preemption in an Uncertain Landscape
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide product liability counsel with an analysis of recent Supreme Court product liability cases, including the current state of the preemption defense in product liability litigation, claims that can survive a preemption defense, and strategies for litigating cases involving preemption issues.
Outline
- Bruesewitz v. Wyeth, Williamson v. Mazda Motor of America, and PLIVA, Inc. v. Mensing
- Majority opinion
- Dissent
- Case implications
- Significance of each decision—a big deal?
- Application of each decision—easy or difficult to apply?
- Interplay with other recent preemption decisions
- Broad implications
- Industry specific implications
Benefits
The panel will review these and other key questions:
- Where do the recent Supreme Court decisions leave the federal preemption defense in product liability suits?
- What strategies are available to litigation counsel when arguing for preemption in future product liability cases?
- How will the Supreme Court decisions impact express and implied pre-emption cases in the future?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Deborah M. Russell
Partner
McGuire Woods
She co-leads the firm's Life Sciences Industry Group and has served as chair of the firm's Products Liability and... | Read More
She co-leads the firm's Life Sciences Industry Group and has served as chair of the firm's Products Liability and Litigation Management Department. Her practice has focused on products liability litigation, class actions and complex commercial litigation. She is an author and speaker on assertion of preemption defenses in product liability cases.
CloseBryan C. Brantley
McGuire Woods
His practice focuses on product and consumer litigation. He has been involved with numerous issues related to federal... | Read More
His practice focuses on product and consumer litigation. He has been involved with numerous issues related to federal preemption of state law claims related to the labeling of prescription drugs. He has actively participated in pharmaceutical litigation. He serves on national coordinating counsel team that directs multi-district litigation on behalf of major pharmaceutical manufacturer.
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Sharon L. Caffrey
Partner
Duane Morris
Ms. Caffrey concentrates her practice in the areas of mass tort, products liability and toxic tort litigation, with... | Read More
Ms. Caffrey concentrates her practice in the areas of mass tort, products liability and toxic tort litigation, with extensive trial experience in cases in these practice areas. She previously served as the national coordinating counsel for PLIVA, Inc. in its PPA litigation, was one Ford Motor Company's national trial counsel, and served as GM's trial counsel in asbestos litigation.
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