News & Analysis as of

Duty to Warn

McGlinchey Stafford

Maritime Products Liability Law: Understanding the Fundamentals

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The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The...more

Marshall Dennehey

Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient

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Ritz v. Ramsay, 305 A.3d 1056 (Pa. Super. 2023) - The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic. Ramsay had been given an unusually...more

Mayer Brown

Legal developments in construction law - December 2023

Mayer Brown on

Continuing duty to advise or warn? How do you know? Whether, or not, a consultant has a continuing duty to advise or warn can be a challenging question to resolve....more

Marshall Dennehey

Federal District Court Recognizes Important Limitations on “Post-Sale Duty to Warn”

Marshall Dennehey on

Liebig v. MTD Products, Inc., et al., Civ. No. 2:22-cv-04427, 2023 WL 5517557 (E.D. Pa. Aug. 25, 2023) - A product may be defective if it is sold without adequate warnings. But what if a manufacturer learns new safety...more

Goldberg Segalla

Valve Manufacturer Denied Summary Judgment in NYCAL

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion....more

Willcox & Savage

Virginia Product Liability Law: Please Don’t Confuse Us with California

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As we say in Virginia, that dog doesn’t hunt. A recent California federal court opinion applied Virginia law to dismiss various product liability claims against a catheter manufacturer. In Boyer v. Abbott Vascular Inc., 2023...more

Kerr Russell

Changes To Open And Obvious Doctrine Impacts Premises Liability Law

Kerr Russell on

In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by...more

Foley & Lardner LLP

Seventh Circuit Finds the Duty to Warn Can Extend to Packaging Manufactured by Another Company

Foley & Lardner LLP on

Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product?  What about when the company wasn’t warned that packaging could contain anything potentially...more

Goldberg Segalla

Delaware Court Applying Ohio law Upholds Duty to Warn on Brake Grinding Machine Defendant

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Court: Superior Court of Delaware, New Castle - In this asbestos action, decedent Donald Jordonek used brake lathes and grinders manufactured by AMMCO while working at a tire center in Ohio from 1972 until 1999. The...more

Maron Marvel

The Supreme Court of South Carolina Grants Certiorari in Jolly v. Gen. Elec. Co., Agreeing to Review Setoff Calculation and...

Maron Marvel on

On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more

Butler Snow LLP

Trust the reProcess? A Practical and Legal Overview of Reprocessing Single-Use Medical Devices in the United States

Butler Snow LLP on

Allow me to set the stage. Our plaintiff claims he felt a nagging pain in his shoulder for months and finally went to see the local orthopedic surgeon. The surgeon apparently informed him that the tissue and cartilage in his...more

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

Products Liability Series: Does Arkansas Law Recognize a Post-sale Duty to Warn? - October 2022

Does Arkansas law recognize a post-sale duty to warn? No. It has long been the conventional wisdom that Arkansas law does not recognize a post-sale duty to warn in the products liability context. However, this understanding...more

Goldberg Segalla

Gasket/Packing Manufacturer Fails Government Contractor Defense

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United States District Court for the District of Massachusetts, October 21, 2022 - In this case, the plaintiffs Arnold and Ruth Pritt allege that Arnold Pritt (“Plaintiff”) was exposed to asbestos while serving in the...more

Goldberg Segalla

Pump Manufacturer’s Motion for Summary Judgment on Replacement Parts Denied; Court Critical of Corporate Representative Affidavit

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Supreme Court of the State of New York, New York County, October 11, 2022 In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana...more

Goldberg Segalla

Naval Expert’s Testimony Limited on Duty to Warn Issue

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United States District Court for the Eastern District of Louisiana, September 29, 2022 - The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the...more

Goldberg Segalla

Turbine Defendant Not Liable For Failure to Warn as to Third-Party Insulation

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, July 8, 2022 - In this asbestos matter, the defendant ViacomCBS Inc. (“Westinghouse”) moved for partial summary judgment as to Decedent Callen Cortez’s...more

Goldberg Segalla

New Jersey Supreme Court Reverses Appellate Division and Reinstates Plaintiff’s Verdict

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New Jersey Supreme Court, June 30, 2022 - In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division...more

Goldberg Segalla

Plaintiff’s Motion to Reargue Trailer Manufacturer’s Summary Judgment Motion Denied

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Supreme Court of the State of New York, County of New York, June 29, 2022 - In this asbestos action, plaintiffs filed a motion for leave to reargue a motion for summary judgement filed by defendant Strick Trailers, LLC...more

Husch Blackwell LLP

Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

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On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint...more

Goldberg Segalla

Court Grants Summary Judgment to Turbine Defendants Finding Manufactures Entitled to Bare-Metal Defense

Goldberg Segalla on

United States District Court for the Eastern District of Pennsylvania, April 1, 2022 - The decedent’s widow brought this suit on behalf of the decedent alleging that the decedent’s occupational exposure to asbestos during...more

Goldberg Segalla

Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

Goldberg Segalla on

U.S. District Court for the Southern District of New York, March 28, 2022 - In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course...more

Maron Marvel

Delaware High Court Upholds Burden-Shifting Requirement for Summary Judgment in Asbestos Cases Under Delaware Law

Maron Marvel on

The Delaware Supreme Court ruled on March 28, 2022, that Delaware’s burden-shifting requirement, known as “Stigliano,” for deciding summary judgment is a “proper framework” in asbestos exposure cases, however, the particular...more

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

Tank Explosion/Hazardous Materials Transportation Act: Federal Court Considers Whether Alleged Failure to Warn Claim is Preempted

The United States District Court for the Southern District of New York (“Court”) addressed in a March 11th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

Goldberg Segalla

Court Denies Boiler Defendant’s Motion for Summary Judgment in Maritime Case

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U.S. District Court for the Eastern District of Virginia, Norfolk Division, March 3, 2022 - Plaintiff Jerome Gehant served in the US Navy from 1967 until 1970 on the USS America as a boiler technician. The plaintiff...more

Goldberg Segalla

Jury Awards $36.5 Million in Compensatory and Punitive Damages to Former W.R. Grace Worker

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The Asbestos Case Tracker has been following developing issues regarding hundreds of asbestos exposure cases involving plaintiffs who worked for W.R. Grace at the Libby, Montana mine and facilities. Recently, a Great Falls,...more

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