Amicus Program

Become a Brief Writer for PLAC

The committee is expanding its corps of brief writers. We especially want to encourage younger and diverse brief writers to apply to support our efforts. Please feel free to share this with colleagues who have the appropriate credentials and skillset. Please note that in order to be included on PLAC’s “short list” of brief writers, the attorney must be a member of the organization or in the process of applying for membership.

An application to become a brief writer is now on-line. Click here for the application.

Recent Briefs and Case Reports

June 3, 2024

 

Hernandez v. The Home Depot & Ridge Tool Company (Supreme Court of Nevada)

Does Nevada impose strict products liability on an entity whose only involvement with a defective or unreasonably dangerous product is to license its trademark to be used to market the product and where the product and packaging prominently display its trademark?

This brief was authored by  Jim Beck of Reed Smith

May 24, 2024

 

 

Hickey et al. v. Hospira Inc. et al. (U.S. Court of Appeals for the Fifth Circuit)

Whether the Federal Food Drug & Cosmetic Act (“FDCA”) preempted plaintiffs’ failure-to-warn claims against manufacturers of docetaxel who obtained FDA approval under FDCA Section 505(b)(2) and lacked information that would permit a labeling change under the FDA’s “changes-being-effected” (“CBE”) regulation, 21 C.F.R. § 314.70(c).

This brief was authored by David R. Geiger, Peter G. Ellis, and James M. Gross of Foley Hoag LLP

Other Advocacy Activity

Comment Letters

PLAC MDL Task Force Comment Letter to MDL Subcommittee of the Advisory Committee on Civil Rules

submitted on 02.15.2024

As many of you may know, the MDL Subcommittee for the Advisory Committee has been considering a proposed Rule 16.1 specifically relating to MDLs for several years.  PLAC's MDL Task Force has been engaged in this process and submitted two comments to the MDL Subcommittee in 2022 and 2023, which were previously circulated to PLAC membership, advocating for mandatory early vetting requirements given the large number of unvetted claims that clog MDL dockets.  In August 2023, the broader Advisory Committee promulgated a proposed Rule 16.1 for public comment and hearings.  While a rule governing MDLs is a step in the right direction, much of proposed Rule 16.1 contains only recommendations as to certain case management issues that MDL judges might consider.  PLAC and other defense bar organizations advocated that more is needed, including mandatory early vetting requirements.

Statement of David Cooner (S.V.P., Chief Counsel - Litigation of Becton Dickinson and Company on Behalf of the Product Liability Advisory Council

submitted on 02.06.2024

On February 6, David Cooner, S.V.P. and Chief Counsel of Becton Dickinson and Company, presented comments on behalf of PLAC to the Advisory Committee during its public hearing on proposed Rule 16.1.  

 

PLAC MDL Task Force Comment Letter to MDL Subcommittee of the Advisory Committee on Civil Rules

submitted on 02.17.2023

As an organization representing many target defendants in mass tort MDLs, including some of the largest MDLs on the federal docket, the Product Liability Advisory Council is uniquely positioned to serve as a voice for the defense bar to improve defense messaging, align on strategy, and enhance opportunities to affect MDL processes in a meaningful way. PLAC’s Healthcare and Lifesciences Technology Group assembled a task force of outside and in-house counsel with deep experience in MDL litigation to evaluate some of the issues and challenges facing defendants and to develop strategies for effective, consistent approaches to these cases.

PLAC MDL Task Force Comment Letter to MDL Subcommittee of the Advisory Committee on Civil Rules

submitted on 10.05.2022

PLAC is a non-profit professional association of corporate members representing a broad cross-section of American and international product manufacturers. 1 These companies seek to contribute to the improvement and the reform of the law in the United States and elsewhere, with an emphasis on the law governing the liability of product manufacturers and related companies in the supply chain. PLAC's perspective is derived from the experiences of a corporate membership that spans a diverse group of industries in various facets of the manufacturing sector. In addition, several hundred of the leading product liability defense attorneys in the country are sustaining (non-voting) members of PLAC. Since 1983, PLAC has filed more than 1,200 briefs as amicus curiae in both state and federal courts, including the United States Supreme Court, presenting the broad perspective of product manufacturers seeking fairness and balance in the application and development of the law as it affects product risk management. Similarly, over the years, PLAC has offered comments on proposed legislation and rulemaking that could potentially impact the legal liability of the manufacturing sector.