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Pro Te: Solutio - Vol. 8 No. 5

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the...more

Component Parts Doctrine not Applicable to Products Used in Manufacturing Process That are not Incorporated into a Different...

Flavio Ramos, et al. v. Brenntag Specialties, Inc., et al. - California Supreme Court (June 23, 2016) - In cases of claimed injury from asbestos exposure, the component parts doctrine was designed to provide...more

California Supreme Court Adopts the Sophisticated Intermediary Defense

In Webb v. Special Elec. Co., the California Supreme Court formally adopted the "sophisticated intermediary doctrine," which provides an additional defense that manufacturers and suppliers can assert against product liability...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 2, May 2016

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

New York Reaffirms General Acceptance Standard in Frye for Scientific and Technical Issues

In a recent opinion handed down by New York’s highest state court – the Court of Appeals –Sean R. v. BMW of N. Am., LLC, 2016 N.Y. Slip. Op. 01000 (Feb. 2016) reaffirmed New York’s continued adherence to Frye’s “general...more

First Circuit: Plaintiffs’ Specific Causation Expert Fails to Pass Muster in Benzene Case

Last week, we (along with many of you, we assume) attended the DRI Drug and Medical Device conference in Chicago. We re-connected with friends dating to the beginning of our lengthy career (literally – ran into the head of...more

Talc Litigation: The Big Picture

In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri. The California plaintiff argued that she used talcum powder which contained...more

Better Healthcare Newsletter from Patrick Malone

In many households, it’s the season for a spring freshening. So this month, we focus on how to make your home as healthy as possible by cleaning up the hidden hazards. Get the lead out - and other ways to make your home...more

Indiana High Court Rules Statute of Repose Inapplicable in Cases of Protracted Exposure to Substances

On March 2, 2016, the Indiana Supreme Court rendered an opinion in the consolidated appeals in three cases. The Court held that the Indiana Product Liability Act’s statute of repose does not apply to cases involving...more

Court Decision Makes it Easier for Plaintiffs to Pursue Claims Against Companies in Indiana

On March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous...more

“Science for Sale” Investigation Exposes “Rented White Coats”

One of the foremost father figures in the history of medicine famously said, “There are in fact two things, science and opinion; the former begets knowledge, the latter ignorance.” Hippocrates, the ancient Greek...more

California Court Of Appeal Bends Over Backwards To Uphold Substantial Punitive Award In Asbestos Case

The Due Process Clause of the Fourteenth Amendment requires procedural fairness in state trials, but that principle seems absent from a recent California Court of Appeal decision upholding a judgment against Kaiser Gypsum...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 1, February 2016

Sixth Circuit Rules that Clean Air Act Does Not Preempt State Tort Claims - In a decision that may leave facilities open to private tort liability despite compliance with federal Clean Air Act (CAA) requirements, the...more

Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

It was the Age of Aquarius. And everything was changing. Politically, socially . . . and legally. Through the 19th Century the doctrine of caveat emptor, literally “let the buyer beware,” was the rule of law. Under...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

Subcontractor Performing Services may be Liable in Strict Liability For Purchasing and Installing Defective Products in Fulfilling...

Jovana Hernandezcueva v. E. F. Brady Company, Inc. - Court of Appeal, Second Appellate District, Division Four (December 22, 2015) - The doctrine of strict liability is ordinarily inapplicable to transactions...more

Class Action Round-Up: Fall 2015

Where the (Class) Action Is - Moving into the second half of 2015, there is no shortage of interesting cases across the spectrum of class action issues and claims. In this edition of the Round-Up, courts continue to...more

The Class Action Chronicle - Winter 2015

This is the 10th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Products Liability – Raw Material Supplier – Component Parts Doctrine Requires a Showing that Raw Materials are Not Inherently...

Brady et al. v. Calsol, Inc. - Court of Appeal, Second Appellate District (October 30, 2015) - The component parts doctrine shields a supplier of raw materials from liability where the raw material component...more

Suppliers of Inherently Dangerous Raw Materials Remain Excluded from the Protections of the Component Parts Doctrine

In Brady v. Calsol, Inc. 2015 No. B262028, the California Court of Appeal, Second District, reversed summary judgment for a raw materials supplier where there was a triable issue of fact as to whether the benzene levels...more

Florida Supreme Court Protecting the Rights of Citizens

In another victory for the injured victims of our State, yesterday the Florida Supreme Court issued an opinion in a products liability case, Aubin v. Union Carbide, which reversed an appellate court’s adoption of more...more

September 2015: Product Liability Litigation Update

Ninth Circuit Restricts Scope of CAFA’s “Local Single Event” Exception. In Allen v. Boeing Co., 784 F.3d 625 (9th Cir. 2015), the Ninth Circuit recently held that a case did not fall within the Class Action Fairness Act’s...more

DuPont Wins Partial Summary Judgment in Drinking Water MDL

An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more

Considering Consolidating Cases for Trial

We have managed to pretty much avoid asbestos litigation. Sure, we encounter decisions from asbestos cases that sometimes impact our own cases. They even sometimes appear in our posts, but rarely as a focus. We have been...more

GlaxoSmithKline Files Motion To Consolidate Zofran Litigation In Philadelphia

Zofran was developed to prevent nausea and vomiting caused by cancer chemotherapy. However, doctors prescribed it for the treatment of morning sickness in pregnant women. GlaxoSmithKline is the world’s seventh largest...more

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