General Business Products Liability

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News & Analysis as of

GM Judge Nuances His Earlier Rulings and Sets Out Permissible Ignition Switch Lawsuits

At a hearing in late August, Judge Robert Gerber expressed his annoyance with both sides in the ongoing battle to determine whether General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General...more

Litigation In The Marijuana Industry Lights Up

The country’s first products liability class action has hit the marijuana industry with the filing of various tort, strict liability and contract claims against LivWell, Inc. in Colorado state court last month. The complaint...more

Ohio Court Holds No Coverage for Suit Involving Insured’s Defective Component Parts

In its recent decision in Park-Ohio Holdings Corp. v. Liberty Mut. Fire Ins. Co., 2015 U.S. Dist. LEXIS 147602 (N.D. Ohio Oct. 30, 2015), the United States District Court for the Northern District of Ohio had occasion to...more

New sentencing guidelines for health and safety, corporate manslaughter, food safety & hygiene offences

On 3 November 2015 the Sentencing Council published the long awaited Definitive Guideline for the Sentencing of Health and Safety, Corporate Manslaughter and Food Safety and Hygiene offences. For the first time, courts in...more

The Citadel Revisited – New York’s “Thing of Danger” Privity Exception Is Obsolete (and Another New York Note)

Way back when – before Restatement (Second) of Torts §402A (1965) crystallized the concept of strict liability – courts around the country were poking around, trying to come up with viable theories of what we would now call...more

Product Liability Update - October 2015

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall

Food recalls are on the rise as consumer protection regulations become more stringent, and they can be costly events. There can be significant expenses associated with removing impacted products from stores; reimbursing...more

Reducing Counterfeits in Legitimate Supply Chains

In 2012, FBI agents entered the home of Rudy Kurniawan and found inside everything needed to produce counterfeit wine: corks, dozens of empty bottles and 18,000 labels of the world’s rarest wines. For years, Kurniawan ran a...more

California Court Adopts Expansive Reading of Contamination and Product Recall Coverage

Two weeks ago in Foster Poultry Farms, Inc. v. Certain Underwriters at Lloyd’s, London, 2015 U.S. Dist. LEXIS 138609, 2015 WL 5920289 (E.D.Cal., Oct. 9, 2015), a California Court applying New York law found coverage under a...more

ATF Institutes a Voluntary Magazine Identification-Labeling Program

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in its recent ATF EXPLOSIVES Industry Newsletter, informed the industry of a new voluntary “process to better track industry-owned explosives storage magazines.”...more

VW Group – A Storm in a Teacup?

We've all seen a lot of media coverage about the 1.2 million Volkswagen/Audi/Seat/Skoda vehicles sold in the United Kingdom that are fitted with "defeat" software and the storm clouds are brewing. But the reality is that...more

Autonomous Vehicles – Where in the (Insurance) World Will They Go?

Self-driving cars are coming. In fact, Tesla Model S owners woke up on the morning of October 15, 2015 to discover that a software download to the cars has made them capable of steering and changing lanes at high speed,...more

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the...more

Long-awaited overhaul of FDA food safety rules arrives – Part III: Hazard Analysis and Risk-Based Preventive Controls

In the first two articles in this series, Life Sciences Decoded explored the FDA’s new Rule revamping the food Good Manufacturing Practices (cGMPs) and creating the new Hazard Analysis and Risk-Based Preventive Controls...more

Warranties Go Digital with Enactment of the E-Warranty Act

President Barack Obama has signed into law the E-Warranty Act of 2015. The E-Warranty Act, which took effect Sept. 24, allows sellers of consumer goods to place warranty information online and satisfy the disclosure...more

Volkswagen Defeated?

Last week, on September 18, 2015, the EPA issued a News Release revealing that Volkswagen Group of America (“Volkswagen”) sold cars incorporating a “defeat device” as defined in the Clean Air Act (“CAA”) to purposefully evade...more

Construction Defect – Pre-Litigation Procedures of the “Right to Repair Act”

McMillin Albany LLC, et al. v. The Superior Court of Kern County - California Court of Appeal, Fifth Appellate District (August 26, 2015) - Civil Code section 896 (§ 896) is part of a statutory scheme commonly...more

Children's Products and the Consumer Product Safety Improvement Act of 2008: A Synopsis of the Rules and Regulations Governing Toy...

Children's products, including toys, are regulated by the Consumer Product Safety Commission (CPSC) through the Consumer Product Safety Improvement Act of 2008 (CPSIA). Certain sections of CPSIA focus on children's toys....more

CEO Conviction Aligns With Trend of Aggressive Foodborne Illness Prosecutions

The former CEO of Peanut Corporation of America (PCA), has been sentenced to an unprecedented 28 years for his role in the 2008-09 Salmonella outbreak linked to the deaths of nine people and more than 700 illnesses. While it...more

Products Liability – Raw Material Supplier – Consumer Expectations Test

David Johnson, et al. v. United States Steel Corporation - Court of Appeal, First District (September 1, 2015) - In a products liability case, a plaintiff may seek recovery on theories of both negligence and...more

Long-Awaited FSMA Final Rules Published

On September 10, 2015, the U.S. Food and Drug Administration (FDA) made public two final Food Safety Modernization Act (FSMA) rules: Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls...more

FSMA Rules for Preventive Controls for Human and Animal Food Manufacturing Finalized

On September 10, 2015, FDA issued a prepublication notice of its long-anticipated preventive control rules for human and animal food under the Food Safety Modernization Act (FSMA). The Current Good Manufacturing Practice,...more

Made in America SB633 Enacted into Law

Today, California Governor Jerry Brown signed SB633 into legislation allowing manufacturers to carry the label “Made in America”, even if their products were not entirely made in the United States. This is similar to the...more

Express Waiver of Assumption of Risk – Gross Negligence Exception

Stacey Chavez, et al. v. 24 Hour Fitness USA, Inc. - Court of Appeal, Sixth Appellate District (July 8, 2015) - California’s public policy in favor of sporting and leisure activities provides strong support for...more

CPSC Will Launch Electronic Filing System Pilot Program for Imported Products

Last week, the Consumer Product Safety Commission (CPSC) approved a pilot program to test an electronic filing system that will require importers to submit data electronically for imported consumer products. The filing system...more

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