April 29th, 2022 by Rieders Travis in Products Liability

English v. Eisai, 2022 U.S. Dist. LEXIS 44977 (M.D. Pa. March 14, 2022) (Conner, U.S. D.J.).  This case involving a weight-loss product said that plaintiffs properly pled an alternative feasible safer design.  That means that the defendant’s motion to dismiss would be denied.  There were other claims here for warranty, fraudulent misrepresentation, concealment and the rest.  The court first looked at the express warranty claim.  The court said that, as to that claim, the court would not address the conclusory request to dismiss the express-warranty claims at this stage.  The court likewise declined to dismiss plaintiff’s negligent misrepresentation claim, although for different reasons.  Failure to warn theory is viable against prescription drug manufacturers.  The same cannot be said for plaintiff’s fraudulent misrepresentation and concealment claims.  Most district courts have held that fraud-based claims presented on a prescription drug manufacturer’s deficient warning claims are barred by Hahn v. Richter, 543 Pa. 558, 673 A.2d 888 (Pa. 1996).

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]



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