News & Analysis as of

Damages Product Defects

McDermott Will & Emery

Mobility@McDermott: Monthly Update (02/2024)

1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more

Jones Day

Reversal of Burden of Proof Under Proposal for a New EU Product Liability Directive

Jones Day on

In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability in a Product Liability Case in Florida

Product liability cases are some of the complex matters which arise in the realm of personal injury law. Such cases often involve multiple defendants and can raise multiple theories of liability. One of the most hotly...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Expert Witnesses in Product Liability Cases in Florida

Product liability cases are some of the most complicated matters which arise in personal injury law. Such cases involve complicated issues regarding the design, manufacture, and foreseeable uses of products. A Plaintiff will...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Damages You May Be Entitled to in a Product Liability Case in Florida

Defective products can lead to serious injuries. As in any other catastrophic injury case, the damages which the victim suffers from such an event can be substantial. The types of damages to which you may be entitled can be...more

Latham & Watkins LLP

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

Latham & Watkins LLP on

The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. On 28 September 2022, the European Commission issued two...more

Dorsey & Whitney LLP

DC Circuit Adopts Pro Tanto Rule for “Common Damages” in FCA Claims Involving Multiple Defendants

Dorsey & Whitney LLP on

The United States Court of Appeals for the D.C. Circuit recently considered the extent to which settlements in related False Claims Act cases must be offset against damages owed by non-settling parties – and the appropriate...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

Jenner & Block

Ninth Circuit Rejects Challenges to Conjoint Analysis in Consumer Class Action

Jenner & Block on

In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more

Searcy Denney Scarola Barnhart & Shipley

3M Bair Hugger Litigation is Revived Following Appeals Court Ruling

3M Company, the manufacturer of multiple pharmaceutical and consumer products, is the defendant in a large mass tort litigation involving the company’s Bair Hugger warming blankets. According to a report from Reuters, the...more

Console and Associates, P.C.

3M Earplug Lawsuit Update 2021: $1.7M Award

Jury Awards Veteran With Hearing Loss $1.7 Million in Third Bellwether Trial - A Florida jury’s $1.7 million judgment in favor of the plaintiff on June 18, 2021, handed The 3M Company its second defeat in bellwether trials...more

Lathrop GPM

Missouri Governor Signs Bill on COVID-19 Civil Actions

Lathrop GPM on

On July 7, 2021, Missouri Governor Mike Parson signed into law a COVID-19 liability bill (Senate Bill 51). The law, which becomes effective on August 28, 2021, is intended to provide protections to Missouri businesses, the...more

Searcy Denney Scarola Barnhart & Shipley

How to Win a Florida Wrongful Death Case

Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate....more

Spirit Legal

Are Tesla taxis a tragedy? Dutch taxi company demands 1.3 million euros in damages

Spirit Legal on

“We’ve never had as many problems as with Tesla” (Tofik Ohoudi) Faulty vehicles, incorrect odometer readings and poor service: for one of Tesla’s biggest Dutch customers, enough is enough. Bios-Groep, which uses around...more

Spirit Legal

Taugen Tesla-Taxis nichts? Niederländisches Taxi Unternehmen fordert 1,3 Mio. Schadensersatz

Spirit Legal on

"Noch nie so viele Probleme gesehen wie bei Tesla" (Tofik Ohoudi): niederländisches Taxiunternehmen fordert 1,3 Mio. Euro Schadensersatz. Defekte Autos, falsche Kilometerleistung und schlechter Service. Einer der größten...more

BCLP

Georgia's Apportionment Statute in Product Liability Lawsuits

BCLP on

The Georgia Supreme Court recently issued a decision impacting all product liability cases in Georgia by finding that Georgia’s apportionment statute—O.C.G.A. § 51-12-33—applies to claims for strict product liability, and as...more

Faegre Drinker Biddle & Reath LLP

California Court of Appeal Finds Amazon Is Not Shielded from Liability for Defective Product Sold Through Its Website

In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more

Hinshaw & Culbertson - Insights for Insurers

Ohio Supreme Court Rules Pro Rata Allocation Method Required Under "Those Sums" Policies Where Timing of Damages is Known or...

All Sums Allocation Does Not Apply to Garden-Variety Product Defect Claim - On April 23, 2020, the Ohio Supreme Court issued an opinion in Lubrizol Advanced Materials, Inc. v. Natl. Union Fire Ins. Co. of Pittsburgh, PA.,...more

Kilpatrick

Class-wide damages model: Ninth Circuit cabins Comcast

Kilpatrick on

Takeaway: In a prior post – Leveraging Comcast – beating predominance where challenged product has some value (April 16, 2019) – we reported on a decision by Judge Lucy Koh of the Northern District of California...more

Dorsey & Whitney LLP

3rd Circuit Creates New Obligations for Online Platforms

Dorsey & Whitney LLP on

The 3rd Circuit recently held Amazon.com liable for damages for a product sold by a third-party. This is a potentially landmark ruling in the ongoing battle between consumers and online platforms regarding the obligations...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Searcy Denney Scarola Barnhart & Shipley

Baby Powder Lawsuits – $200 Million and Counting?

Lawsuit No. 4 in the case against Johnson & Johnson and its ovarian-cancer-linked talc product has headed to the courtroom in Missouri. It is the fourth in a series of baby powder lawsuits filed nationally. Defense attorneys...more

Ward and Smith, P.A.

North Carolina Product Liability Law

Ward and Smith, P.A. on

Our world continues to become increasingly more complex. And, as it does, so do our manufactured products—from medical devices, to everyday consumer goods, to automobiles, and toys. Such products improve our quality of life...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth 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...more

Carlton Fields

Construction Case Law Update - July 2015

Carlton Fields on

Involuntary Dismissal of Counterclaims – In a suit between a developer and general contractor, the trial court erred in dismissing the general contractor’s counterclaims, without a motion by the developer, before the...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide