Personal Injury Civil Procedure Products Liability

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West Virginia Becomes Latest State to Adopt Asbestos Transparency Legislation

On March 15, 2015, West Virginia became the fourth state to enact legislation aimed at increasing transparency between the civil tort and asbestos bankruptcy trust systems. Senate Bill 411, also known as the Asbestos...more

Federal District Court Rules Favorably for Medical Device Manufacturer in Off-Label Promotion Lawsuits

On April 13, 2015, in the case of Kathleen Hafer v. Medtronic, Inc., the United States District Court for the Western District of Tennessee issued a favorable opinion to a medical device manufacturer in the context of...more

Municipalities Lose First Round in Bid to Hold PCB Manufacturers Liable For Environmental Impacts

Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later. ...more

Toward Class Actions for Health-Related Claims in France

Class actions – which are progressively becoming part of the legal landscape in France as “actions de groupe” – will probably soon be extended to personal injury claims against health products manufacturers, suppliers or...more

The Class Action Chronicle - Spring 2015

In This Issue: - Nexium and the Problems of Overbroad Class Actions - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to Strike/Dismiss...more

Release of Liability of Company’s Own Ordinary Negligence Valid

In Grebing v. 24 Hour (filed 1/29/15, Case No. B255866), the California Court of Appeal, Second Appellate District, upheld the validity of 24 Hour's release of liability for its own negligence and further affirmed that 24...more

Arizona Applies Consumer Fraud Act to Pharmaceutical Manufacturers

Arizona has joined two other states in applying its consumer fraud law to pharmaceutical manufacturers. The Arizona Court of Appeals decision came in a products liability action against Medicis Corporation, related to a...more

Louisiana Federal Court Excludes “Every Exposure” Testimony

Adding to the growing body of case law that rejects the so-called “every exposure” theory, a federal court in Louisiana has excluded specific causation opinions of a plaintiffs’ expert who relied on the theory, finding that...more

B.C. Court Finds Methodology to Prove Causation is Required to Certify Pharmaceutical Class Actions

On January 22, 2015, the British Columbia Court of Appeal set aside certification of a class action against Apotex Inc. and Abbott Laboratories Ltd. in Charlton v. Abbott Laboratories Ltd. (Charlton), in which the plaintiffs...more

California Woman’s Punitive Damages Claim Will Proceed Against Boston Scientific

California resident Roseanne Sanchez was implanted with the Pinnacle kit to treat pelvic organ prolapse and the Advantage System to treat stress urinary incontinence. After the surgery, Ms. Sanchez experienced several...more

Win Some, Lose Some: Assumption of Risk Defense Fails for Sports Complex Owners; Claims Against Dome Seller Dismissed

A plaintiff bringing product liability and premises liability claims against multiple defendants in an effort to cover all bases often leads to different legal defenses among classes of co-defendants and a scattered offense...more

The Learned Intermediary Defense Advances in Nevada

The learned intermediary doctrine can be a legal defense against product liability claims. It is most commonly applied in cases involving drugs and medical devices. A learned intermediary is a medical expert, such as a...more

Product Liability Alert: Failure-To-Warn Suit Against Generic Drug Maker Proceeds Despite Argument of Federal Preemption

On January 20, 2015, the U.S Supreme Court denied cert in Teva v. Superior Court of California, Orange County, refusing to review a California state court ruling allowing patients to proceed with claims that Teva...more

(Baby) Food for Thought: In Alleging Unlawful and Misleading Product Labeling, Plaintiff Needed More Than One Gerber Baby

Last month, Judge Lucy H. Koh of the Northern District of California granted summary judgment in favor of Gerber because the plaintiff failed to satisfy the “reasonable consumer standard” in backing up her allegations that...more

Florida Judge Remands DePuy Hip Case

In the lawsuit filed in the Sarasota County Circuit Court, Thomas Fronczak alleged he sustained injuries after being implanted with a DePuy hip. In the complaint, he alleged, that one of the defendants, Bayside Orthopaedics,...more

Pennsylvania Product Liability Law Still Smoking after Reversal of Tincher

On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., No. 7 MAP 2013, a case closely followed by the Product Liability Bar in Pennsylvania. The Supreme Court’s...more

California Appellate Court Upholds Bar to Liability by Premises Owners for Secondary Exposure

In Wanda Beckering v. Shell Oil Company, 2014 WL 6611088, the Second District of the California Court of Appeal affirmed the granting of summary judgment in favor of defendant Shell Oil Company, finding that the plaintiff was...more

Illinois Appellate Court Finds Defendant Not Liable for “Speculative” Workplace Asbestos Exposure

The Illinois Appellate Court for the Fourth District affirmed a jury’s defense verdict in Holloway v. Sprinkmann Sons Corporation of Illinois, 2014 IL App (4th) 131118 (December 16, 2014). The plaintiff testified that from...more

JPML Asked to Consolidate Benicar Lawsuits

Daiichi Sankyo, Inc. developed the prescription medication Benicar (Olmesartan Medoxomil) to treat high blood pressure. In April 2002, the U.S. Food and Drug Administration (FDA) approved Benicar. Since that time, it has...more

The Crimes of Others: Adam Lanza, Sandy Hook, and Protection Against Tort Liability for Selling Firearms

The families of the victims of the Newtown, Connecticut shooting, in which Adam Lanza attacked the Sandy Hook Elementary School, have filed a lawsuit against the seller of the AR-15 rifle that Lanza used in the crime, and...more

One Expert In, One Expert Out in Illinois Asbestos Case

An Illinois federal judge recently approved only one of two well-known asbestos experts to testify in a former pipefitter’s asbestos exposure case. U.S. District Judge John Z. Lee of the Northern District of Illinois held...more

Your Deposition: What to Expect [Video]

Depositions sound intimidating to any lay person involved in a civil lawsuit. Whether the case is about a personal injury, a commercial dispute, an employment issue or any other kind of claim that winds up in civil court,...more

North River Ins. Co. v. Mine Safety Appliances Co., — A.3d —, 2014 WL 5784588 (Del. 2014)

Mine Safety Appliances Company (“MSA”), a safety appliances company, faced a multitude of personal injury claims due to alleged defects in its safety equipment. MSA, in turn, sought costs, including legal fees, costs of...more

Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

In Gottschall v. Crane Co., (No. A136516, Filed 10/8/2014, published 10/22/2014), the Court of Appeal, First Appellate District, held a company that manufactured and sold asbestos-containing products could not prevail under...more

Contaminated Oysters in Virginia Restaurant Enough for Jurisdiction Under "Stream of Commerce" Test

Contaminated oysters served at a Roanoke restaurant were placed in the "stream of commerce" by a Connecticut seafood supplier, and thus served as the basis for the Western District of Virginia to exercise personal...more

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