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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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how do file a product liability case agaisnt a manufacturer

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how do file a product liability case agaisn't a manufacturer using state statues in federal court one oftha advisor, confusing when he gave their was no state limitations but it would be filed in federalgourt, unless he meant that it aws to be filed in federal court and the statute does indeed apply to federal statues?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is a statute of limitations on product liability. If you file in federal court under the federal common law because it is a drug case and it is under a federal preemption then the statute is the general 5 year statute of limitations from the date of discovery. If you use the FL law in federal court based on concurrent jurisdiction, then the statute of limitations is 4 years from date of discovery of the defect.


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Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

IRATING I AM FALLING IN SLEEP, IRATING

Customer: replied 3 years ago.

I JUST DISCOVERED THE MAIN CULPPRIT WHEN I READ ABOUT ARTICLE IN NIH STUDY THAT 53% OF ASD HAVE RH MOTHERS(ONLY THREE PERCENT OF POPULATION) HOW DO PROVE THAT THAT WAS WHEN I DISCOVERED, EVEN IF THEY START AT DATE OF STUDY HE WOULD FOLLOW 4 TO 5 YR STATUTE LIMITATION B,S.

Thank you for your response.

How old are the children now?
Customer: replied 3 years ago.

15 and 17 but through my computer it should be shown that I did know about the casual/effect until the National Institute of Health gov study was, on or about jan 2012. that stated that 53% of autistic children have RH neg mothers who are required to receive because of blood incompatibility, but sure as hell didn't have to have to have mercury thimerosal and never admitted or informed that the pharms should put access to the fetus with mercury which was the case in two or three children(the one that didnt receive it is autitic.

Customer: replied 3 years ago.

i want a jane doe/john doe generic exactly that would include both state and federal jurisdiction' with Jilll WALL sIMPSON AND ROBERT SIMPSON AND/*(WITHH THE NEWS PROVIDE


 


PLEASE DO JOB WELL I WILL TIP I


 


 


 


 


 


 


 


 


 


 

Customer: replied 3 years ago.

15 AND 17 OLDER SISTER DID NOT RhoGAM AND IS NOT AUSTITC

There is NO state jurisdiction on a drug product liability case, it is a federal preemption issue. The US Supreme Court confirmed this in Mutual Pharmaceutical Co., Inc. v. Bartlett,XXXXX 2466 (2013) when they stated that because of federal regulations on pharmaceuticals, no state law claims could be brought as they were preempted by federal claims.

As your children are not yet 18, they have a little time for the 6 year federal statute of limitations to even start, since it starts when they turn 18.

Any suit brought for your children, you cannot file pro se because you cannot represent your children in court, they must be represented by an attorney on this matter.
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