Civil Procedure Products Liability

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Ninth Circuit to False Advertising Class Actions: Drop Dead

On June 23, 2015, the Ninth Circuit in Cabral v. Supple LLC, — Fed. Appx. –, 2015 WL 3855142 (9th Cir. June 23, 2015) placed a significant hurdle in the path of false advertising class actions. Specifically, the Court held...more

Ninth Circuit Revives Tort Claims Initially Dismissed Under Economic Loss Doctrine Where Product Caused Damage to “Other Property”

On June 29, 2015, the Ninth Circuit Court of Appeals, in CHMM LLC v. Freeman Marine Equipment, Case No. 13-35163 (D.C. No. 3:12-cv-01484-ST), reversed the District Court’s judgment in an admiralty case, holding that a vessel...more

Consumer Food Fraud Claim Sinks in Arkansas Safe Harbor

On this date in 1896 the Dutch completed the harbor at IJmuiden. (That capital J is not a mistake. The I and J go together as a digraph, and they form a ligature that effectively makes up a single letter in the Dutch...more

“Continuous” Trigger is Alive and Well in Pennsylvania

In recent years, insurers have attempted to avoid their coverage obligations for their policyholders’ asbestos personal injury claims by challenging longstanding trigger of coverage rulings from the 1980s and 1990s. Although...more

Ninth Circuit Reverses Class Certification In Joint Supplement Case Because Not All Class Members Saw Misrepresentation

The Ninth Circuit has held that a district court abused its discretion in certifying a class based on allegedly false health claims because not all class members saw the advertising. The Ninth Circuit said that the trial...more

A “Too Old” OTC Product Does Not A Class Action Make

This past weekend, we attended a fundraising 5K race organized by a friend who lives with a form of muscular dystrophy. We volunteered to photograph the event, because the usual photographer was not able to attend. And...more

Check-Out Time at the Hotel California?

We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism. That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join...more

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability

A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge “all natural” claims by the makers of Skinnygirl Margarita. Stewart v. Beam...more

Louisiana Appellate Court Overturns Improper Application of “Law of the Case” Doctrine

Today is the day when we will learn whether the Governor of Louisiana will enter the 2016 presidential race. That reminds us of Louisiana’s rather colorful collection of politicians, including Huey Long and Edwin Edwards....more

June Xarelto Update – Science Day

Judge Fallon, the federal judge in New Orleans who oversees the MDL coordinated proceedings, held his most recent hearing for all of the pending Xarelto lawsuits on June 10, 2015. At that time, the judge was provided with a...more

Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

In Sherman v. Hennessy Industries, Inc. (No. B252566, filed June 18, 2015), the Court of Appeal, Second District, reversed a trial court’s grant of summary judgment in favor of a manufacturer of a brake grinding machine. The...more

Expert Declaration in Conjunction with Circumstantial Evidence Sufficient to Defeat Summary Judgment in Vehicle Defect Case

In Pavoni v. Chrysler Group, LLC, 2015 No. 13-55761 (“Pavoni”), the Ninth Circuit Court of Appeals held that plaintiffs’ expert declaration in conjunction with circumstantial evidence of the incident were sufficient to raise...more

How to Transfer a CAFA Mass Action to an MDL

We will never forget our first removal under the Class Action Fairness Act. It was circa 2006, shortly after President Bush signed CAFA into law, when we received word of a complaint against our client filed in California...more

MDL Court Agrees – Tincher Doesn’t Change Pennsylvania Drug/Device Law

Several months ago we responded with some disdain to recent plaintiff-side arguments we had seen claiming that the strict liability decision in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), somehow altered...more

Q&A Series: Locke Lord’s Jim Tyrrell on the Keys to a Winning Products Liability Defense

What is the key to succeeding for a client in a complex products liability or toxic tort matter? JT: It’s all in the ‘C’s.’ Command of the facts, command of the law, command of the science, command of the courtroom and...more

Let Freedom of Contract Ring - NC Supreme Court Upholds Enforceability of Long-Term Express Warranties

In the summer of 2013, a divided North Carolina Court of Appeals caused a stir in the construction community when it held in Christie v. Hartley Construction, Inc., 745 S.E.2d 60 (N.C. App. 2013) (hereinafter “Christie 1”)...more

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

IP/Unfair Comp. Case Applies Buckman

The very name “intellectual property law” suggests it’s not for us. There are episodes of The Simpsons that seem too complicated for our pretty little heads. Anything deemed “intellectual” scares us away. We usually race...more

Texas Legislature Passes Two Bills Impacting Personal Injury or Wrongful Death Litigation

Companies at risk of personal injury or wrongful death litigation in Texas should take note of two bills recently passed by the 84th Texas Legislature, HB 1692 and SB 735. HB 1692 HB 1692 is intended to curb the practice...more

Amendments to Federal Rules of Civil Procedure: Is the Discovery Problem Solved?

Long anticipated changes to the Federal Rules of Civil Procedure were approved by the United States Supreme Court on April 29, 2015. Absent congressional action, which is not expected, these new rules will take effect...more

The AMS Mesh Litigation

Since transvaginal mesh was first introduced into the market over 20 years ago, many hundreds of thousands of women have undergone operations where doctors have inserted vaginal mesh devices, threading them through incisions...more

Texas High Court Limits Interdependent Expert Opinions

Experts may not rely on the unreliable opinions of other experts. In a recent opinion in Gharda USA, Inc. v. Control Solutions, Inc., No. 12-0987, --S.W.3d--, 2015 WL 2148058, at *9 (Tex. May 8, 2015), the Supreme Court...more

The Ethicon Mesh Litigation

Since transvaginal mesh was first introduced into the market over 20 years ago, many hundreds of thousands of women have undergone operations where doctors have inserted vaginal mesh devices, threading them through incisions...more

Guest Post - Game of Unknowns: A Daubert Ruling From the Middle District of Florida

Here at the DDL Blog, there are few things we enjoy more than a defense-friendly Daubert ruling – one of those things being, of course, our regular Sunday night HBO date with Game of Thrones. The “Hardhome” episode two...more

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