Civil Procedure Products Liability

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Florida High Court to Decide If Party Must Object to a Fundamentally Inconsistent Verdict to Preserve Issue

The Florida Supreme Court has accepted review of a Third District case involving whether a party waives a challenge to a fundamentally inconsistent verdict by failing to object before the jury is discharged. See Coba v....more

Asbestos Alert: Failure To Recognize A Defendant’s Name Insufficient To Support Summary Judgment

Ganoe v. Metalclad Insulation Corp. - California Court of Appeal, Second Appellate District (July 21, 2014) - Metalclad was an insulation contractor. Mark Ganoe worked in Department 132 at Goodyear Tire &...more

Class Certified in Homeopathic Products Case

The plaintiffs’ theory of harm drove a recent decision from the Central District of California certifying a nationwide class of purchasers of ten homeopathic products. Allen v. Hyland’s Inc., Case No. 12-01150 (C.D. Cal. Aug....more

Eighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for...more

E-Discovery Matters: “A Guide to ESI Preservation Responsibilities”

I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of...more

DePuy Pinnacle Litigation Update

The coordinated litigation over Pinnacle metal-on-metal hip implants pending before Judge Kinkeade is also known as MDL No. 2244. The MDL was established in May of 2011. Since then, more than 60 million pages of documents...more

Food Litigation Newsletter - August 2014

In This Issue: - Recent Significant Rulings ..Court Dismisses Most of plaintiff’s Claims Based on Regulatory Violations ..Court Dismisses MSG Claims in Part on Preemption Grounds ..Court Partially...more

Insurance Recovery Law - August 2014

“Contractual Liability” Exclusion Applies Only To An Insured’s Assumption of Another’s Liability - Why it matters: The Michigan Court of Appeals joined the majority of courts nationwide in holding that a...more

West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253...more

California Federal Court Follows Third Circuit in Denying Class Certification Based on Lack of Receipts in Kitty Litter Case

Judge Conti of the Northern District of California recently issued a decision denying class certification in a consumer class action against The Clorox Company involving claims arising from the marketing and advertising of...more

California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification – Will Ninth Circuit Weigh In?...

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc, No. C 12-01633 CRB, 2014 WL 2702726...more

The 21st Century Water Cooler: Discovery and Text Messages

Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more

The Rise of Smaller Class Actions

On July 22, 2014, NERA Economic Consulting (NERA) published a study of consumer class action settlements between 2010 and 2013. The report states that NERA’s data “show a steady increase in consumer class action settlements...more

Home or Away? Where Should That Deposition Take Place?

When a corporate defendant is sued in a federal court outside its home state, the issue of where its deposition will be conducted can become a bone of contention. The traditional rule, accepted by most practitioners, is that...more

Outside the Scope? New York Court of Appeals Limits the Disclosure of Medical Reports in Childhood Lead Poisoning Cases

The New York Court of Appeals recently reversed the trial court’s order requiring plaintiffs in lead poisoning cases to produce detailed medical reports chronicling each alleged injury and causally connecting those injuries...more

Two Consumer Class Actions Settle for (Mostly) Nominal Amounts Per Plaintiff

Two recent false advertising class action settlements illustrate some of the myriad ways to structure settlements, and also reflect the real risks of these lawsuits when early-stage efforts to dismiss them are...more

First Circuit Court of Appeals Refuses to Relax Injury Requirement for Medical Monitoring Claims

In Genereux v. Raytheon Co., No. 13-1921, 2014 WL 2579908 (1st Cir. June 10, 2014), the First Circuit Court of Appeals affirmed summary judgment against class action plaintiffs seeking recovery for medical monitoring costs...more

Texas Supreme Court Reaffirms Causation Standard

In Bostic, et. al. v. Georgia-Pacific Corporation, 57 Tex.Sup.Ct.J. 1091, the Supreme Court of Texas reaffirmed that the “substantial factor” causation test applies in asbestos personal injury cases, defined the quantitative...more

Pennsylvania Statute of Repose Applies to Asbestos Claims

In Graver v. Foster Wheeler Corp., 2014 Pa. Super. 132, the Superior Court of Pennsylvania held that the statute of repose applicable to designers and constructors of improvements to real property applied to asbestos claims....more

Shedding Light on the Vexing Problem of Issue Certification

This week I attended the annual Class Actions Seminar sponsored by DRI (the Defense Research Institute). It was an excellent program, covering many recent trends in class action practice of interest to corporate counsel and...more

Florida High Court to Decide Which Test Governs Component Parts Doctrine

On April 8, 2014, the Florida Supreme Court heard oral arguments in an asbestos case concerning the liability of a defendant who has sold a component part to a manufacturer who then incorporates the part into its own...more

Texas Supreme Court Enforces Medical Criteria for Claims Involving Asbestos and Declares the Application of Chapter 90...

In a 5–4 opinion issued in Union Carbide Corporation v. Daisy E. Synatzske et al. No. 12-0617 (Tex. July 3, 2014), the Texas Supreme Court held that Chapter 90 of the Texas Civil Practices and Remedies Code as applied to the...more

The Ghosts of Litigation Holds Past

Earlier this year, in the widely followed In re: Actos (Pioglitazone) Products Liability Litigation matter, a Louisiana federal jury ordered a drug manufacturer to pay $6 billion in punitive damages and $1.5 million in actual...more

Product Liability Update - July 2014

In This Issue: - Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in...more

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more

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