Why it matters. Plaintiffs sometimes try to reach a parent company or affiliated entity by arguing that a subsidiary or joint venture is its alter ego. Courts treat veil piercing as exceptional and apply it case‑by‑case to prevent fraud or manifest injustice; mere ownership and control do not suffice. Delaware law. Delaware requires proof that […]
Common defenses. Product‑liability defenses are fact‑intensive and include misuse, substantial alteration, assumption of risk, comparative fault, and evidence of compliance. In the drug/device space, federal preemption is frequently decisive. Regulatory framework. The Food, Drug, and Cosmetic Act (FDCA) establishes a comprehensive federal scheme for medical products. The Medical Device Amendments (MDA) added classification, registration, manufacturing‑practice, […]
Overview. Product‑liability law allocates responsibility when a product causes injury because it is defective or lacks adequate warnings. For medical devices and prescription drugs, potential defendants range from manufacturers and designers to component suppliers and sellers; duties reach design, manufacturing, inspection, labeling, marketing, and promotion. The goal is to compensate injuries caused by unreasonably dangerous […]
