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Pennsylvania State Court Decisions
1. Civil Litigation
1.1. Causes of Action - Learned Intermediary
► Superior Court of Pennsylvania
♦ Lineberger v. Wyeth
2006 PA Super 35 (February 23, 2006)
Holding: In a pharmaceutical liability claim against a drug manufacturer, in order to avoid having the claim barred by the learned intermediary doctrine, the plaintiff must prove that the prescribing physician would not have prescribed the drug had the manufacturer provided a different.
1.2. Evidence - Intoxication
► Commonwealth Court of Pennsylvania
♦ Lock v. City of Philadelphia
No. 1637 C.D. 2005 (March 27, 2006)
Holding: When recklessness or carelessness is at issue,
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Many legal professionals are exposed to Finite Element Analysis
(FEA) in the courtroom. Having a fundamental understanding of
how the method works can help an attorney (i) recognize when FEA
can strengthen a case, (ii) choose a capable expert and (iii)
develop meaningful challenges to the opposition's expert. As
discussed in the last issue of Courtroom FEA, if a loss, injury
or death is due to something bending or breaking, FEA can help
identify the cause of failure and hence the responsible party.
But how does it work?
Divide and conquer.
But first, let's back up and discuss what is being conquered.
FEA is applied to many types of problems, such
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