Mich Ct App holds that absolute FDA approval defense in product l iability lawsuits is an unconstitutional delegation

[Frank Cross]

I noticed this case and thought it interesting.  I think it was under the
state constitution, with which I'm unfamiliar.  Still, the reasoning seemed
pretty bizarre.  When a legislature adopts a court ruling statutorily,
would the court strike that down for unlawful delegation?









Frank Cross
Herbert D. Kelleher Centennial Professor of Business Law
CBA 5.202
University of Texas at Austin
Austin, TX 78712