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3rd Circuit: Defect, Warranty Claims For Vagus Nerve Stimulator Preempted

PHILADELPHIA - (Mealey's) The Third Circuit U.S. Court of Appeals on July 30 affirmed that manufacturing defect and breach of warranty claims involving the Vagus Nerve Stimulation (VNS) Therapy System made by Cyberonics Inc. are expressly preempted ( Diane M. Williams, et al. v. Cyberonics, Inc....

William A. Ruskin: The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

By William A. Ruskin In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida's commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. etc., et al. , No. SC10...