Products Liability Personal Injury

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Heedless Heeding Presumptions – How New York Law Became a Morass

Ever since this blog started, we’ve made plain that we have no use for the so-called “heeding presumption.” This presumption posits that, because under Restatement §402A, comment j, a defendant providing an adequate warning...more

Kentucky Supreme Court Sets Forth Helpful Principles On Liability For Punitive Damages

Cases in which an appellate court holds that a state’s standard for punitive liability was not satisfied even though there was sufficient evidence to support liability for the underlying causes of action are regrettably rare....more

Making Sense of the Daubert and Summary Judgment Orders in A Metal-on-Metal Hip Implant Bellwether Case

We have not posted for a while—that day job can really get in the way sometimes—so we agreed to tackle the ridiculously long decision in Christiansen v. Wright Med. Tech. Inc., MDL No. 2329, 1:13-cv-297-WSD, 2015 U.S. Dist....more

Walking the Regulatory Compliance Path Defeats Punitive Damages

The Pope came to Philadelphia this past weekend. That’s not the first time this has happened (JPII stopped by in 1979), but the level of paranoia this time around led to four days of street shutdowns, parking prohibitions,...more

Your Data Breach Collided With My Personal Injury Coverage

Editors at Wired magazine recently engaged in a year-long project to develop a means to hack the onboard computer of a Jeep, and override the driver’s control of several critical vehicle functions. According to a disturbing...more

Nearing a Tipping Point on a Mandatory Furniture Tip-Over Standard?

Currently, furniture makers and retailers may opt to comply with voluntary stability and tip-over standards established by the American Society for Testing Materials (ASTM). The Consumer Product Safety Commission (CPSC)...more

Inferior Vena Cava (IVC) Filter Failures and Bard's Cover Up: Part 2

We already know that IVC Filters are dangerous. We also already know that the manufacturers knew of the dangers but did nothing to protect the public. But did medical giant CR Bard, in order to obtain approval for their...more

California Court of Appeal Bars Plaintiffs’ Wrongful Death Action Involving an Employee Who Used his Employer’s...

The California Court of Appeal for the Second Appellate District affirmed a trial court’s grant of summary judgment in favor of a pipe manufacturer based upon the worker’s compensation exclusivity rule. Melendrez et al. v....more

Volkswagen Caught – Another Car Maker Duping Consumers

The latest scandal from the automotive industry proves that the public, and now the planet, continue to be cheated despite well-meaning regulation designed to keep us all safe....more

FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product...more

Inferior Vena Cava (IVC) Filter Failures and Bard's Cover Up

As many as 250,000 Americans are implanted with IVC Filters every year, making it one of the most popular medical devices in the country. These small, spider-like nets are implanted into a patient’s blood stream as a filter...more

Breaking News - Arizona Supreme Court to Review Watts Learned Intermediary decision

We've posted previously about the awful learned intermediary decision by the Arizona Court of Appeals in Watts v. Medicis Pharmaceutical Corp., 342 P.3d 847 (Ariz App. 2015). Well, that's not the last word anymore. Today...more

SDNY Sacks Treanda Failure to Warn Claim

Failure to warn cases remind us of sports talk radio and paleontology. Especially on Monday mornings in the Fall, Philly sports talk radio is a festival of woe and recrimination. The Iggles are terrible, their deficiencies...more

CPSC Snapshot: CPSC Multimillion Dollar Penalty With a Twist

Earlier this month, the CPSC announced an agreement to yet another multi-million dollar settlement. However, in an unusual course of conduct, the CSPC agreed to suspend all but $200,000 of the penalty based on the company’s...more

Limiting tort liability for cannabis: Dram shop-type laws

As more states enact laws legalizing the sale of medical and recreational marijuana, cannabis businesses may start to question whether they could be held liable if customers cause injury or harm to others while using their...more

Another No Show For Personal Jurisdiction In The Show Me State

We have previously expressed our surprise that personal jurisdiction has so quickly become such an effective bulwark against the forum abuse that we call litigation tourism. Our surprise is modest, mind you, since the recent...more

Solid "No Designer Liability" Decision in a Non-Pharma Case in the Eastern District of Pennsylvania

On September 13th, we, as Drug and Device Law Jews, celebrated Rosh Hashanah, the Jewish New Year. Normally, we host dinner for 20 or so members of our extended family. This year, the entire day before the holiday was...more

Defective Design and Transvaginal Mesh Lawsuits

With hundreds of thousands of women alleging injuries from transvaginal mesh, the potential risks of this dangerous product are becoming better known. In numerous cases, affected victims have alleged that the makers of...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

Reports of the Death of SB800 are Greatly Exaggerated – The Court of Appeal Revives Mandatory SB800 Procedures

In a 20 page opinion, the Court of Appeal for the Fifth District repudiated the holding of Liberty Mutual Insurance Co. v. Brookfield Crystal Cove, LLC (2013) 219 Cal.App.4th 98 (“Liberty Mutual”), and held that plaintiffs in...more

SDNY Dismisses Manufacturing and Fraud Claims in Fertility Drug Case, But Conflates and Confuses the Rest

By all rights, it should be Sullivan writing about the Sullivan case. But John is taking a well-deserved vacation. We do not know if Sullivan’s travels more closely approximate a Bexis expedition, which involves long hikes...more

Preemption (and Other Things) Defanging Depakote Claims

It wasn’t a complete win, but the summary judgment outcome in Rheinfrank v. Abbott Laboratories, Inc., ___ F. Supp.3d ___, 2015 WL 4743056 (S.D. Ohio Aug. 10, 2015), has to put a spring in the step of the defendants as they...more

A Handmade Dismissal for Maker’s Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more

Illinois appellate court strengthens sole proximate cause defense in asbestos cases

The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff’s exposures to asbestos from other sources has become a highly contested issue. There is a lengthy...more

Claims of Negligent Design and Breach of Implied Warranty to Proceed Against Boston Scientific Mesh

On February 9, 2009, a North Carolina resident was implanted with the Obtryx Transobturator Mid- Urethral Sling System (Boston Scientific Mesh). She sued Boston Scientific Corp., the maker of the sling, asserting claims of...more

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