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Enrolled Version - Final Version Senate Bill 474 History

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SB474 SUB1 ENR
ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 474

(Senators Kessler (Acting President), Prezioso, Beach, Williams, Edgell, Palumbo, Plymale, Wills, D. Facemire, Klempa and Yost, original sponsors)

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[Passed March 12, 2011; top take effect July 1, 2011.]

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AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-8-16, relating to choice of law products' liability claims that are based upon prescription drug manufacturer's alleged failure to warn.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-8-16, to read as follows:
ARTICLE 8. ACTIONS ON CONTRACTS.
§55-8-16. Choice of Law in Pharmaceutical Product Liability Actions.

(a) It is public policy of this state that, in determining the law applicable to a product liability claim brought by a nonresident of this state against the manufacturer or distributor of a prescription drug for failure to warn, the duty to warn shall be governed solely by the product liability law of the place of injury ("lex loci delicti").
(b) This section shall be applicable prospectively to all civil actions commenced on or after July 1, 2011.

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