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Dismissals Product Defects

Faegre Drinker Biddle & Reath LLP

Where No Forum Contacts “Relate To” Claims at Issue, Ninth Circuit Affirms Dismissal for Lack of Specific Personal Jurisdiction

Specific personal jurisdiction can be a very straightforward concept. If a plaintiff claims to have been injured by a product that the defendant itself sold directly to plaintiff at a store within the forum state, disputes...more

Patterson Belknap Webb & Tyler LLP

Burned Again: District Court Dismisses Putative Class Action Alleging Sunscreen Adulteration Due to Lack of Article III Standing

In this age of mass manufacturing, each unit in a product line is usually the same as every other.  But manufacturing isn’t perfect.  Sometimes, for various reasons, some units in a product line will deviate from the...more

Faegre Drinker Biddle & Reath LLP

Amazon Notches Another Win on Personal Injury Liability Relating to Third-Party Seller Products

For some time, we have been following the emerging case law on whether companies, such as Amazon, that create an online marketplace for other sellers, may be held liable when products supplied by those sellers cause injury....more

Faegre Drinker Biddle & Reath LLP

Foreign Manufacturer Dismissed for Lack of Personal Jurisdiction in the Southern District of Indiana

Case: Patterson v. Chiappa Firearms, USA, LTD, No. 1:20-cv-01430-JPH-MG, 2021 WL 4287431 (S.D. Ind. Sept. 21, 2021). Significance: - First Indiana case to apply the “relate to” standard articulated in Ford Motor Co....more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

Holland & Knight LLP on

The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Faegre Drinker Biddle & Reath LLP

A Failure of Leakage Linkage: The District of New Jersey Sinks a Proposed Class Action under Tennessee and California Laws over...

A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

King & Spalding

Northern District of California Dismisses Consumer Fraud Class Action Based on Failure to Allege Affirmative Misrepresentations,...

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On October 11, the Northern District of California dismissed a sprawling 14-state, 46-count putative class action in which the plaintiffs alleged that Apple computers were defective. ...more

Faegre Drinker Biddle & Reath LLP

Does Pennsylvania Recognize Strict Liability Claims Against Medical Device Manufacturers? A Pennsylvania federal court calls the...

For at least two decades, Pennsylvania law has recognized an exemption from strict liability for prescription drug manufacturers based on the state Supreme Court’s interpretation of the Restatement (Second) of Torts Sec. 402A...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

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

Harris Beach PLLC

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

Harris Beach PLLC on

Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

Harris Beach PLLC

New York Court Declines to Adopt Market Share Liability in Foil Pan Case

Harris Beach PLLC on

A recent product liability case involving foil pans and market share liability is a win for the defendants. In a products liability action, identification of the exact defendant whose product injured the plaintiff is...more

Best Best & Krieger LLP

City and Police Officer Victorious in Malicious Prosecution and Seizure Case

Best Best & Krieger LLP attorneys Christopher Pisano and Dana Vessey prevailed on a motion for summary judgment on behalf of the City of Colton and one of its police officers in a case that stemmed from a complicated story...more

Proskauer - Minding Your Business

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Adler Pollock & Sheehan P.C.

Spoliation: How to Stop Trouble from Brewing

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a...more

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