Federal preemption has continued to be a contested issue in product liability law in the wake of significant decisions by the United States Supreme Court, with federal courts of appeals deciding numerous matters further refining when product liability claims may be brought against the makers of prescription drugs and medical devices.
Courts also have rendered important decisions involving recent statutory and rules changes, most notably in the areas of personal jurisdiction, federal jurisdiction, and designation of experts in federal courts. In addition, recent decisions have made it more difficult for plaintiffs to prevent the removal of class actions from state court to federal court, and to obtain class certification of consumer fraud claims.
This chapter provides updates on each of these topics:
- Personal Jurisdiction and the Alien Tort Statute.
- Clarification of Federal Removal, Jurisdiction, and Venue Provisions.
- Federal Jurisdiction under the Class Action Fairness Act.
- Update to Federal Rules: Expert Designations.
- Consumer Fraud Class Actions.
This article appeared in the 2013 edition of The International Comparative Legal Guide to: Product Liability; published by Global Legal Group Ltd, London.