Civil Procedure Products Liability

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Class Actions and Consumer Product Settlements: The Proof is in (Receipt For) the Pudding

Consumers don’t keep their receipts. This poses a unique challenge in consumer product class actions, especially when parties seek the Court’s approval of a settlement that requires a receipt as proof of purchase. And if the...more

The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?

A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes...more

Is There Anything “Good” about the “Good Samaritan” Rule?

Every first-year law student can recite the “Good Samaritan” rule: The ordinary bystander has no legal duty to rescue a drowning person, but if you voluntarily undertake the duty to rescue her, you must not be negligent in...more

Product Liability Update - October 2014

In this Issue: - Massachusetts Appeals Court Holds Trial Court Properly Instructed Jury on Absolute “Unreasonable Use” Warranty Defense Where Plaintiff Ignored Warning Label and Safety Manual and Had Been Drinking, and...more

IMO Industries Tackles New Jersey Law on Host of Insurance Coverage Issues

On September 30, 2014, New Jersey’s Appellate Division ruled on a bevy of insurance coverage issues in the long-tail liability context, including exhaustion of primary policies, application of policy limits to multi-year and...more

Food Litigation Newsletter - October 2014

In This Issue: - RECENT SIGNIFICANT RULINGS ..Court Narrows “All Natural” Class Action Against Safeway ..Nationwide Class Certified in Olive Oil Labeling Fight ..Whole Foods “All Natural” and...more

Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney [Video]

Oct. 8, 2014 (Mimesis Law) -- Fred Levin, one of the most successful and controversial plaintiffs lawyers in America, talks with Lee Pacchia about a new book by Josh Young detailing his colorful life and his views on civil...more

Statute of Limitations for Submitting a Claim Against CIGA

Statute of Limitations for Submitting a Claim Against CIGA - Court Of Appeal, First Appellate District (September 17, 2014) - The California Insurance Guarantee Association (“CIGA”) has a statutory duty to pay...more

Tenth Circuit Affirms Class Certification and Price Fixing Verdict Against Dow Chemical

The Tenth Circuit recently affirmed both class certification and one of the largest verdicts issued in the U.S. this year, denying Dow Chemical Company’s (“Dow”) appeal in a price fixing case related to polyurethane products....more

Product Safety Groups Seek Transparency in Whistleblower Suit

A pair of organizations that advocate for safe consumer products have asked for the unsealing of court documents related to a major whistleblower case. ...more

Third-Party Protections In Mass Tort Chapter 11 Cases

A defendant facing thousands of mass tort lawsuits in federal and state courts throughout the country often will seek to address the litigation by seeking Chapter 11 relief under the Bankruptcy Code. The Chapter 11 process...more

A Pleading Malfunction Dooms Malfunction Theory

White v. Mazda Motor of Am., Inc., 313 Conn. 610 (2014) - This case illustrates the importance of sufficiently pleading claims and defenses, and moving for leave to amend the pleadings if there is some question or...more

The Connecticut Supreme Court restricts the plaintiff’s ability to rely on the “Malfunction Doctrine” to support a Product...

A recent decision handed down by the Connecticut Supreme Court may significantly impact the way product liability lawsuits are litigated within the state of Connecticut in the future. In a products liability case, the...more

Judge Issues Sua Sponte Order Chastising Modern Ediscovery Practices (Iowa)

Sec. Nat’l Bank of Sioux City, Iowa v. Abbot Laboratories, No. C 11-4017-MWB, 2014 WL 3704277 (N.D. Iowa July 28, 2014). In this product liability case, the court filed a sua sponte order on the “serious pattern of...more

Court Rejects Workers Comp Insurer’s Challenge to Big Pharma

Pharmaceutical manufacturers that promote off-label uses for prescription drugs have become litigation targets for third-party payors—especially after Kaiser received a nine-figure RICO award last year against the...more

The Class Action Chronicle - Fall 2014

This is the fifth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

Fighting Fraudulent Joinder: Getting Your Case Into Federal Court

Tort actions involving pharmaceuticals and medical devices usually involve state law claims, and therefore, diversity jurisdiction is often the only way to proceed in a federal court. Plaintiffs, however, may join doctors,...more

Food Litigation Newsletter - September 2014

In This Issue: - Recent Significant Developments And Rulings ..Voluntary Dismissal in Frito-Lay Pretzel Case ..Court Denies Motion to Dismiss in Florida "Natural" Action ..Court Embraces Standing...more

Causation Experts Properly Excluded Where The “Leap From Data To Opinion Was Too Great”

In Hughes v. Kia Motors Corp., No. 13-10922, the Eleventh Circuit recently affirmed the district court’s exclusion of the plaintiff’s expert witness in a motor vehicle product liability case. Allene Hughes, the plaintiff’s...more

Indalex: The Pennsylvania Supreme Court Rejects Insurer’s Request for Review

On September 18, 2014, the Pennsylvania Supreme Court rejected the insurer’s attempt to reverse last year’s favorable ruling in Indalex Inc. v. National Union Fire Insurance Co. of Pittsburgh PA, 83 A.3d 418, 421 (Pa. Super....more

"I'll Tell You What Really Happened": In the 6th Circuit, Experts Can Contradict Their Clients' Testimony

The weight of expert testimony in product liability cases can hardly be overstated. Because complex questions of scientific and medical causation often hold sway, juries are thirsty for someone to tell them what the evidence...more

Will the Supreme Court Take a Stand on Standing in BP Case?

It is axiomatic that to certify a class, plaintiffs must show all members satisfy Article III standing and Rule 23 requirements. While federal courts "do not require each member of a class to submit evidence of personal...more

Wisconsin Court Dismisses Hip Implant Suit Against Zimmer

On August 8, 2014, a Wisconsin federal court dismissed a case based on a defective hip implant because it found that it did not have jurisdiction over a case which did not state a basis for federal jurisdiction....more

Does Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?

I am writing to report about a recent dismissal of a manufacturing defect claim made against a medical device manufacturer in the USDC for the Eastern District of Pennsylvania. This decision is favorable to our clients that...more

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