Religious freedom and the right to bear arms, both guaranteed by the Constitution in the 1st and 2nd Amendments respectively, are hot topics in political and legal circles lately. Yet no one really gets all that worked up over the 7th Amendment. It’s probably safe to say that some people don’t even know what it
On Friday March 27th, while physical and digital cavalries amassed in opposition to Indiana Governor Mike Pence’s Thursday signing of the state’s Religious Freedom Restoration Act (RFRA), the Arkansas state Senate voted 24-7 in favor of its state’s own version of the bill. HB 1228, a bill declaring that “a state action shall not substantially
In the wake of the global auto industry facing an enormous amount of recalls and legal actions, the National Highway Transportation Safety Administration (NHTSA) has endured a sizeable amount of scrutiny in recent years. Some, including myself, have raised questions regarding lax testing standards, and allegations of cronyism between the agency and automakers. Given the
Federal preemption of claims against generic drug manufacturers has prevented (or severely limited) the ability of users of generic drugs from bringing products liability claims premised upon the failure to warn. Certain state courts have indicated that some state tort law claims may not necessarily be barred by federal preemption, but these “baby steps” potentially
Indiana became the 11th state last week to sign a controversial ‘Right to Try’ bill into law, allowing some desperately ill patients easier access to non FDA-approved experimental medications. The cause has been popularized in recent years due to the critically-acclaimed film, “Dallas Buyers Club,” which was about smuggling unapproved medications in order to help
Indiana Governor Mike Pence (R) recently signed into law the Indiana Religious Freedom Restoration Act allowing businesses to hide behind their religious beliefs if they make the misguided decision to not serve customers on the basis of sexual orientation. The law seeks to protect people by not forcing them to do things that would violate
On March 27th, Georgia Governor Nathan Deal committed to signing into law the “Haley’s Hope” bill legalizing a certain form of cannabis called CBD. This strain of marijuana is different from the typical THC-laden plant that is predominantly used medically and recreationally. While non-intoxicating, CBD strains have been shown to dramatically reduce epileptic seizures in
Governor Mike Pence signed Indiana’s version of the Religious Freedom Restoration Act (RFRA) into law on Thursday, March 26th. The RFRA gives businesses and citizens the right to object to conduct that compromises their religious beliefs. The law is based on the federal act of the same name, which was adopted in 1993. In the
The WPLA defines five categories of potential liability for product manufacturers: construction defects, breach of warranty, design defects, failure to warn, and post-sale duty to warn. Construction Defects The WPLA uses the term “strict liability” to describe a manufacturer’s responsibility for products that materially deviate from the manufacturers design specifications or performance standards or materially
A bipartisan effort led by Reps. Steve Cohen (D-Tenn.) and Don Young (R-Alaska), The Compassionate Access, Research Expansion and Respect States (CARERS) Act was introduced to the House on Tuesday. CARERS is a companion bill to identical Senate legislation backed by Sens. Cory Booker (D-N.J.), Rand Paul (R-Ky.) and Kirsten Gillibrand (D-N.Y.) that was introduced