News & Analysis as of

Manufacturers Duty to Warn

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

Willcox & Savage

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

Willcox & Savage on

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

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

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

Goldberg Segalla

Gasket/Packing Manufacturer Fails Government Contractor Defense

Goldberg Segalla on

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

Goldberg Segalla on

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

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

Goldberg Segalla on

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

Goldberg Segalla on

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

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

Goldberg Segalla

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

Goldberg Segalla on

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

Maron Marvel

Impact of DeVries Decision Regarding Bare Metal Defense in Asbestos Litigation Primarily Limited to Maritime Cases

Maron Marvel on

Three years and one pandemic after the U.S. Supreme Court provided guidance in March 2019 on the bare metal defense in asbestos litigation commonly known as “DeVries,” the bare metal defense is alive and well. Some predicted...more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Faegre Drinker Biddle & Reath LLP

A Component Part Supplier’s Duty to Warn Following the U.S. Supreme Court’s Maritime Asbestos Decision

Under the Restatement (Third) of Torts: Products Liability § 5, Comment b (1998), the supplier of a product generally must warn about only those risks associated with the product itself, not those associated with the...more

Faegre Drinker Biddle & Reath LLP

Whether Asbestos-Containing Components Were Manufactured by Third Parties No Longer Matters in New Jersey

Aligning with neighboring New York, and clearing up conflict within the Appellate Division, the New Jersey Supreme Court ruled equipment manufacturers can be held strictly liable on the basis of failure to warn for...more

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

Products Liability Series: Does Arkansas Law Recognize a Post-Sale Duty to Warn? (Part II)

Last week we wrote about the status of Arkansas’ law recognizing a post-sale duty to warn, ultimately concluding that Arkansas Courts have not recognized the existence of any such duty. This week we will explain how, despite...more

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

Products Liability Series: Does Arkansas Law Recognize a Post-Sale Duty to Warn?

Does Arkansas law recognize a post-sale duty to warn? In a nutshell, no. While Arkansas state courts have not expressly considered the issue, all legal authority indicates that the answer is indeed “no.” To support this...more

Husch Blackwell LLP

Toxic Tort Monitor: Georgia Appellate Court Limits DeVries Application To Maritime Tort Cases

Husch Blackwell LLP on

In a consolidated appeal, the Georgia Court of Appeals recently looked at the proximate cause standard for asbestos cases in Davis v. John Crane. 2019 WL 5558711 (Ga. Ct. App. Oct. 29, 2019). In so doing, the appellate court...more

Fox Rothschild LLP

The Ex Post Facto Effect: The U.S. Supreme Court’s DeVries Decision And Asbestos Litigation In The United States

Fox Rothschild LLP on

Colleagues and clients frequently pose the question whether after more than forty years the asbestos litigation juggernaut has finally neared its inevitable conclusion. The United States Supreme Court’s recent decision in...more

Blank Rome LLP

The Supreme Court Adopts a Middle of the Road Approach When Deciding a Manufacturer’s Duty to Warn in the Context of Maritime Tort...

Blank Rome LLP on

On March 19, 2019, the U.S. Supreme Court in Air & Liquid Systems Corp. v. Devries held that, under maritime law, a product manufacturer has a duty to warn of asbestos or other hazardous parts when its own product, although...more

Beveridge & Diamond PC

Too Much to “Bare”: US Supreme Court Rejects Bare Metal Defense Under Federal Maritime Law

In an eagerly anticipated decision by the asbestos bar, the United States Supreme Court in Air & Liquid Systems et al. v. DeVries et at., Dkt. No. 17-1104, 2019 WL 1245520 (March 19, 2019) rejected the “bare metal defense” as...more

Polsinelli

U.S. Supreme Court Rejects Asbestos Defendants “Bare Metal Defense” in Maritime Cases

Polsinelli on

In Air & Liquid Sys. Corp. et al. v. DeVries et al., No. 17-1104 (March 19, 2019), the U.S. Supreme Court held that under federal maritime law, a product manufacturer has a duty to warn when its product requires the...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Limits “Bare Metal Defense”

On March 19, the U.S. Supreme Court decided the case of Air & Liquid Systems Corp. v. Devries, affirming the ruling of the U.S. Court of Appeals for the Third Circuit in this maritime tort case involving the availability of...more

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