Defect

News & Analysis as of

Bad News from Europe for Makers of Life-Saving Medical Devices

In over eight years, we’ve never before blogged about a European development in prescription medical product liability. The (relatively) recent decision by the Court of Justice of the European Union (“CJEU”) in Boston...more

Insurance Law Alert: Defective Policy Limit Demand Precludes Bad Faith

In Graciano v. Mercury General Corp. (No. D061956, filed 10/17/14), a California appeals court reversed a jury's verdict, ruling that a defective demand letter from the claimant's attorney precluded a finding of bad faith...more

Florida High Court to Decide If Party Must Object to a Fundamentally Inconsistent Verdict to Preserve Issue

The Florida Supreme Court has accepted review of a Third District case involving whether a party waives a challenge to a fundamentally inconsistent verdict by failing to object before the jury is discharged. See Coba v....more

Closing the Loop-Holes in Generic Drug Warnings

The Food and Drug Administration is considering some very important changes to its internal rules that would help to eliminate a loophole in accountability for defective drugs. Under current law, only the brand name...more

California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act [Video]

Valentine S. Hoy and Timothy M. Hutter discuss a recent California Court of Appeal ruling that found SB800 (Civil Code sections 895 through 945.5, the "Right to Repair Act") is not the only remedy for construction defect...more

New Requirements for NHTSA Recalls and Early Warning Reporting Become Effective October 21

In August, NHTSA adopted numerous amendments to its recall and early warning reporting (EWR) regulations. (See 78 Federal Register 51382 (Aug. 20, 2013)). Several of these amendments – which impact all vehicle and equipment...more

Delaware Corporation Law Statute Amended to Provide for Ratification and Validation of Defective Corporate Acts

As part of recent amendments to the Delaware General Corporations Law (DGCL), two new sections were added to the DGCL to facilitate the ratification of so-called “defective corporate acts” that would otherwise be invalid due...more

Federal Government’s FCA Claims Against Iraq Security Contractor Dismissed

The Eastern District of Virginia dismissed a False Claims Act complaint brought by the government and a whistleblower, finding that the government failed to adequately plead that it relied on allegedly false marksmanship...more

Update: Defective Hip Implant Cases

With age or a degenerative condition, many people suffer from hip pain. When less invasive treatment options fail, hip replacement or resurfacing may be suggested to alleviate pain and restore mobility....more

Product liability -- How to protect your business in a global economy

A global economy means product manufacturers should take a broader perspective when addressing issues related to product liability. “They have always had to worry about warnings and product defect issues, but now with...more

Weekly Law Resume - November 22, 2012: Construction Defect - The “Completed and Accepted” Doctrine and Architects’ Liability”

Neiman v. Leo A. Daly Co. COURT OF APPEAL, SECOND DISTRICT (October 30, 2012) The “completed and accepted” doctrine prevents contractors from being held liable for injuries to third parties resulting from a condition...more

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