Consumer Protection, Civil Procedure, Products Liability

The Stories Behind Outstanding Verdicts

by Cogent Legal on 4/26/2013

Recently I attended the Trial Lawyer of the Year Gala hosted by the San Francisco Trial Lawyers Association (SFTLA). I always enjoy this event not only because it showcases outstanding legal advocacy, but also because I...more

Road to class certification gets bumpier

by Jarod Bona on 4/3/2013

The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for...more

Arizona Considers a Bill That Would Create Privilege for Companies' Health and Safety Audits

by Demas Law Group on 3/11/2013

Imagine that you purchase some canned goods to feed your children on a night when you don’t have time to cook an entirely fresh meal, and that after you feed that food to your children that they become severely ill. You take...more

Federal Court Precludes Defendant’s Class Certification Expert

by Michael Carroll, Neal Walters | Ballard Spahr LLP on 3/7/2013

In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class...more

Product Liability Annual Review -- 2012

by Morrison & Foerster LLP on 3/1/2013

In This Issue: Letter from Chair; Key Practice Highlights; Aviation; Consumer Products and Toxic Torts; Pharmaceutical Products and Medical Devices; Awards + Rankings; Publications; Key Contacts. Excerpt from...more

Supreme Court To Examine Generic Drug Lawsuits

by Aaron Kase | Lawyers.com on 12/26/2012

The U.S. Supreme Court will hear arguments next year on whether lawsuits against defective generic drugs can proceed in state court if they are not in violation of federal law. In Mutual Pharmaceutical Co v. Bartlett,...more

7th Circuit Provides Much Needed Clarification of Class Action “Predominance” Requirement: Butler v. Sears

by Pavlack Law, LLC on 11/16/2012

This week's article covers the landmark 7th Circuit decision Butler v. Sears that provided much needed clarification of the "predominance" requirement in class action cases....more

Glazer Should Be Added to SCOTUS' Class Action Docket

by Kirk Jenkins | Sedgwick LLP on 11/16/2012

As I’ve noted in several previous posts, the new term at the U.S. Supreme Court is shaping up as a major one for class action litigation. Today I preview Whirlpool Corp. v. Glazer, a case still in the petition stage which the...more

Generic Drug Law Update -- November 2012: Expanding Liability for Ineffective Product Recalls

by Kelly Savage Day | Sedgwick LLP on 11/14/2012

FDA-regulated companies may face civil liability if they fail to provide adequate notice of product recalls to their customers via information gathered in company customer databases. A group of California plaintiffs sued a...more

Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is...

by Carol Brophy | Sedgwick LLP on 11/14/2012

The number of consumer class action complaints brought against product manufacturers under state consumer protection and/or false advertising law statutes continues to rise. This increase can be traced in part to some...more

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

by Morrison & Foerster - Private Surgeon... on 10/26/2012

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

Do I Qualify to Participate in a Transvaginal Mesh Lawsuit?

by Schmidt & Clark, LLP on 7/10/2012

Recently, the public has become aware of serious health complications suffered by women after undergoing surgery for pelvic organ prolapse (POP) or stress urinary incontinence (SUI) with transvaginal mesh devices. According...more

DRI Product Liability Conference Underway

by Dechert LLP on 4/13/2012

This week I am attending the DRI Product Liability seminar. Yesterday's highlights included a keynote address by Hon. Anne Northup, Commissioner of the Consumer Product Safety Commission. Her remarks covered "The Past,...more

The Ninth Circuit Applies the Brakes to Runaway Nationwide Class Actions

by Sheppard Mullin Richter & Hampton LLP on 1/27/2012

In the recently published decision Mazza v. American Honda Motor Company, Inc., No. 09-55376 (9th Cir. 1-12-12), the Ninth Circuit reversed the certification of a nationwide class composed of consumers seeking relief under...more

State Supreme Court Reverses Dangerous Expansion of Product Liability

by Dechert LLP on 1/18/2012

The California Supreme Court held last week that the law does not impose liability on manufacturers of equipment used in conjunction with asbestos-containing parts made by others. See O'Neil v. Crane Co., Cal., No. S177401...more

Fruit Juice MDL Court Dismisses Claims

by Dechert LLP on 12/30/2011

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

The Noose Tightens Around TPP Economic Loss Claims

by Dechert LLP on 10/26/2011

Yesterday, the Eleventh Circuit affirmed dismissal – for failure to state a claim – of TPP economic loss claims in the Trasylol litigation. See Southeast Laborers Health & Welfare Fund v. Bayer Corp., No. 10-13196, ___ Fed....more

Class Certification Denied in Printer Litigation

by Dechert LLP on 9/22/2011

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

T for Texas

by Dechert LLP on 8/29/2011

A couple of Texas Supreme Court developments of interest. (1) the court reversed the adverse Vioxx decision in Garza - holding that the plaintiffs did not provide sufficient epidemiological evidence in a low dose case. A...more

Court of Appeals Breathes New Life Into Class Action Prerequisite

by Dechert LLP on 8/23/2011

The Seventh Circuit last week affirmed the trial court's decision not to certify a class of consumers making product liability claims against the makers of Aqua Dots toys. In Re: Aqua Dots Products Liability Litig., No....more

Court Hits Cancel On Bulk of Printer Class Action

by Dechert LLP on 8/22/2011

A California federal court earlier this month rejected many of the claims in a putative class action against Epson America Inc. Christopher O'Shea, et al. v. Epson America Inc., et al., 2011 WL 3299936 (C.D. Cal.). What may...more

Vague 'Wood Dust' Toxin Added to California's Prop 65 Warnings List

by Sedgwick LLP on 1/21/2011

In December 2009, California added "wood dust" to the list of more than 900 chemicals and other substances subject to California's Safe Drinking Water and Toxic Enforcement Act," commonly called "Proposition 65." The listing...more

New Recalls Affecting Children

by Howard Ankin on 11/3/2010

One of the many things personal injury attorneys do is fight to protect the helpless, defenseless members of our society, including children. When large manufacturers ignore their duty to exercise reasonable care in the...more

Experts Predict Passage of the Foreign Manufacturers Legal Accountability Act of 2010: What Does This Law Mean to U.S. Importers...

by Katten Muchin Rosenman LLP on 7/23/2010

One of the more controversial bills brewing in Congress is the Foreign Manufacturers Legal Accountability Act of 2010. Although a variation of this bill was introduced in the Senate Finance Committee last year, it received...more

Baxter International Faces Lawsuits Over Tainted Heparin

by Robert Kraft on 1/14/2010

Baxter International Inc., which recalled its blood thinner heparin amid reports of allergic reactions and deaths in 2008, faces at least 30 lawsuits in Chicago by injured people or their estates. As many as 300...more

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Consumer Protection › Civil Procedure › Products Liability