Constitutional Law Products Liability Civil Procedure

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Product Liability Update - April 2014

Included in this Issue: ..United States Supreme Court Holds Due Process Forbids California’s Exercise of General Jurisdiction Over German Manufacturer in Suit by Argentinian Plaintiffs Involving Argentinian Subsidiary...more

Class Certification Denied in Moldy Baby Seat Lawsuit

A California federal judge recently denied a motion to certify a nationwide class of consumers who acquired Fisher-Price Rock ‘N Play Sleeper infant recliner seats, finding that the plaintiffs failed to demonstrate that the...more

Objectors Seek Writ of Certiorari to SCOTUS Over Monsanto Agent Orange Settlement

On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to...more

Florida Plaintiff Lacks Standing to Enforce Other States' Consumer Protection Laws in Polyurethane Foam Insulation Litigation

The U.S. District Court for the Southern District of Florida granted partial summary judgment for Demilec (USA) LLC in a class action arising out of injuries and damages allegedly caused by the company’s various spray...more

Product Liability Newsletter - December 2013: Punitive Damages Based on Gross Negligence: Massachusetts Bucks the Trend

In the recent decision in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), the Massachusetts Supreme Judicial Court (SJC) found that an $18 million punitive damages award based on gross negligence was not grossly excessive...more

Buckyballs® Strike Back: Former CEO Sues CPSC

In May 2013, the Consumer Product Safety Commission (CPSC) took the unprecedented step of naming Craig Zucker in an administrative complaint against Maxfield and Oberton Holdings, LLC, the manufacturer of Buckyballs®, in...more

Oklahoma Supreme Court Declares Comprehensive Lawsuit Reform Act Of 2009 Unconstitutional

The Oklahoma legislature enacted the Comprehensive Lawsuit Reform Act of 2009, or H.B. 1603, to limit corporate liability for personal injury by curbing the availability of class actions and limiting product liability cases....more

Oklahoma Supreme Court Holds Comprehensive Lawsuit Reform Act of 2009 Unconstitutional

In 2009, Oklahoma joined the list of states attempting to curb “lawsuit abuse” by passing the Comprehensive Lawsuit Reform Act of 2009 (CLRA of 2009). Arguably the most sweeping legislation affecting the practice of law in...more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Standing 101: Can You Be Injured by a Product You Never Bought?

Common sense tells you that you can’t be injured by something you never bought. This must be covered in Standing 101, right? Believe it or not, this issue is being debated right now in the California consumer class action...more

Product Liability Update -- October 2012

In This Issue: Massachusetts Federal Court Holds Japanese Escalator Accident Study Inadmissible for Lack of Authentication and Demonstrated Connection to Facts of Case, Defendant’s Introduction of New Shoe Design in...more

Acted With Substantial Justification

Just wondering, but what does the phrase "acted with substantial justification" mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)? Does it mean the conduct that led the moving party to...more

The Second Circuit Affirms Summary Judgment after Analysis of Virginia Law Regarding Cross Jurisdictional Tolling of the Statute...

Casey v. Merck & Co., 653 F.3d 95, 100-01 (2d Cir. 2011), involved consolidated products liability actions brought by prescription drug users against a drug manufacturer. The plaintiffs asserted claims under Virginia law for...more

Asset Sales in Bankruptcy: An Important Decision

U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests. But a federal judge in New York ruled recently that a purchaser does not necessarily buy free...more

Is There A Constitutional Right To Punitive Damages?

We recently came across a post on a Bricker & Eckler blog, about a recent Ohio Supreme Court case, Havel v. Villa St. Joseph, 963 N.E.2d 1270 (Ohio 2012), upholding the constitutionality of an Ohio statute imposing mandatory...more

Who Needs TwIqbal?

Don’t misunderstand us. TwIqbal’s great. It’s left a lot of badly pleaded carnage in its wake over the last five years. But at times it makes sense to mix things up, to give the bench players a chance. Take standing for...more

Pain Pump Plaintiff’s Promotion-Based Punitives Precluded

It’s déjà vu all over again. Taking a rather tattered page from the Bone Screw plaintiffs’ spectacularly unsuccessful playbook of a decade ago, at least some plaintiffs in the every-man-for-himself Pain Pump litigation are...more

Kurns - Anything In It For Us?

A couple of weeks ago – yeah, that’s right, on February 29 – the Supreme Court issued a ruling preempting asbestos product liability claims in Kurns v. Railroad Friction Products Corp., 2012 WL 631857, slip op. (U.S. Feb. 29,...more

More Inspiration from the Courts on Commercial Speech

When most of us think of the First Amendment, commercial speech is probably not what springs to mind. A business talking about its products doesn’t fit our classic perception of free speech. It will never equal the “I Have...more

In re Thorpe Insulation Company: The Non-Settling Insurers Strike Back

On January 24, 2012, Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit held that an appeal filed by certain insurance companies with respect to a plan confirmation order was not moot and that such...more

CAFA - Not With Standing?

We were just reading an interesting, relatively new, decision from our home Circuit, Reilly v. Ceridian Corp., 664 F.3d 38 (3d Cir. 2011), and our reaction to it wasn’t quite what most readers would expect. ...more

Retroactive Application of Florida's Asbestos and Silica Act Held Unconstitutional

In a 5-2 decision released Friday, July 8, the Florida Supreme Court held that the retroactive application of the 2005 Asbestos and Silica Compensation Fairness Act (Act) is unconstitutional because it divested the named...more

Fruit Juice MDL Court Dismisses Claims

The Massachusetts federal court overseeing multidistrict litigation against 11 beverage companies, including Coca-Cola Co. and Del Monte Corp., alleging that their fruit juices contained trace amounts of lead, dismissed the...more

Appeals Court Rejects Personal Jurisdiction Over Foreign Manufacturer

As we have noted for reader, lower courts continue to work to interpret and apply the Supreme Court's decision in J. McIntyre Machinery Ltd. v. Nicastro. Earlier this week, a California appeals court found that the lower...more

Class Certification Denied in Printer Litigation

A federal court recently denied class certification in a case brought on behalf of consumers accusing Epson America Inc. of misrepresenting how its NX series of printers functioned with ink cartridges. Christopher O’Shea et...more

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