Products Liability Updates

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CAFA: Recent Developments on the Jurisdictional and Settlement Fronts

Since Congress enacted the Class Action Fairness Act (CAFA) in 2005, the nation’s class action litigation has increasingly migrated to the federal stage, with plaintiffs bringing more class actions directly to federal court...more

Bill Introduced in Congress to Ban Bisphenol A (BPA)

The chemical bisphenol A (BPA) remains hotly debated. This summer, Senator Edward Markey (D-MA) and Congresswomen Lois Capps (D-CA) and Grace Meng (D-NY) announced the Ban Poisonous Additives (BPA) Act. The bill seeks to...more

Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in...

In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...more

Company Officer Liable in Buckyball Recall

Buckyballs are high-powered spherical magnets that can be stacked to form interesting designs. The manufacturer Maxfield & Oberton began selling the product in the United States in 2009. Originally marketed as a toy, the...more

New Jersey Court Turns the Screws on the Insured, Holding That “Your Product” Exclusion Bars Coverage For Defective Product Claim

In Titanium Industries, Inc. v. Federal Ins. Co., No. A-1922-12T1, 2014 WL 4428324 (N.J. Super. Ct. App. Div. Sept. 10, 2014), the court held that the commercial general liability policy issued by defendant Federal Insurance...more

A New Data Point on False Advertising, Causation, and Section 75-1.1

Earlier this year, in another false-advertising case, SMD Software, Inc. v. EMove, Inc., a plaintiff won a 1.7-million-dollar verdict based on section 75-1.1 alone. The jury instructions in that case did not specify what...more

Supreme Court Allows POM Wonderful to Sue Coke for False Advertising, Despite Its Apparent Compliance with FDA Regulations

In a unanimous decision, the Supreme Court in POM Wonderful LLC v. The Coca Cola Co. (June 12, 2014) held that the Food, Drug, and Cosmetic Act (FDCA) does not preclude a private party from bringing a Lanham Act claim...more

CPSC Poised to Ban High-Powered Magnet Sets

Although the final rule currently under consideration by the CPSC sets a performance standard for magnet sets, the practical effect of the new safety standard will be a ban on the future sale or distribution of powerful rare...more

Drug Recalls at Record High

Drug Recalls May Hit ‘Record High’ in 2014 - According to a recent article from Becker’s Hospital Review, 2014 may prove the worst year for drug recalls on record. Dangerous drugs and defective medical devices can...more

Take-Home Exposure Claims Under Review by California's High Court

On August 20, 2014, the California Supreme Court granted petitions for review in two published decisions that reached different conclusions on whether a defendant owed a duty for take-home exposures. Both matters (Haver v....more

FDA Falls Asleep in Reporting Faulty Surgical Device

The FDA’s Medwatch program is supposed to enhance patient safety by publicizing adverse medical events, but you have to wonder how effective it is when the feds wait more than four months to post a serious problem with a...more

In re Paulsboro Derailment Cases: Putting the Brakes on Defendants’ Momentum Regarding Recent Ascertainability Developments Within...

In a recent unpublished decision, Judge Robert B. Kugler of the United States District Court for the District of New Jersey addressed the rapidly developing “ascertainability” requirement in class action litigation within the...more

Pennsylvania Does Not Recognize Duty to Warn an Employee’s Spouse

District court predicts that Pennsylvania will not recognize a duty to protect or warn the spouse of an employee in “take home” or “household” asbestos exposure cases. On August 26, Judge Eduardo C. Robreno of the U.S....more

Injured Sailors May Seek Punitive Damages in the Asbestos MDL

U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania, who oversees asbestos multidistrict litigation, issued a decision in July permitting injured sailors to seek punitive damage awards. In Re:...more

FDA Posts Largest-Ever Medical Device Recall

On August 29, 2014, the FDA issued 233 Class I medical device recalls for products manufactured by Customed. According to its website, Puerto Rico-based Customed is a medical supplies leader and distributes a wide range of...more

The Government Contractor Defense

The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the...more

Update: California Supreme Court to Review Secondary Asbestos Exposure Cases

In Sedgwick’s June 2014 Toxic Tort and Environmental Law Update, we reported on two conflicting decisions from different California appellate courts regarding companies’ duty to prevent “take home exposures” to asbestos...more

LITIGATION ALERT: Texas Supreme Court Limits the Application of the Economic Loss Rule

In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the...more

Ongoing Reglan Litigation — New Appellate Ruling

Earlier this week, a Missouri appeals court issued an opinion that will hopefully have a significant impact on ongoing litigation against the manufacturers of metoclopramide, the generic version of Reglan. In this latest...more

Food and Beverage News and Trends

Vermont AG defends the state’s GMO statute. On August 8, the Vermont attorney general filed a motion to dismiss a case brought by food trade groups against the state’s newly enacted statute requiring GMO foods be...more

Brand Name Drug Maker Can be Liable for Injuries from a Generic Version

The Alabama Supreme Court in Wyeth v. Weeks has reaffirmed its ruling in a case questioning whether a brand-name drug maker can be held liable for injuries from a generic version. Plaintiffs Danny and Vicki Weeks sued...more

Food Litigation Newsletter - August 2014 #2

In This Issue: - Recent Significant Rulings ..Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action ..Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims ..Court Dismisses...more

The Mazda 3 Lock – alleged “shoddy goods” are not always defective

Following a common issues trial solely on questions of liability, Justice Viens of the Quebec Superior Court found that there was no liability with respect to the allegedly defective locking mechanism in Mazda 3 vehicles’...more

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

In POM Wonderful LLC v. Coca-Cola Co., decided last month, the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal...more

Fatal accident leads to another claim against GM

Alabama residents may be interested to learn that GM is facing yet another wrongful death lawsuit that was recently filed in another state, following the 2012 death of a man driving a 2011 Chevrolet Express 2500 van. The suit...more

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