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Manufacturers Jury Instructions

Nutter McClennen & Fish LLP

Product Liability 2022 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2022. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...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

Hogan Lovells

9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs

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The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...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

Holland & Hart - Your Trial Message

Understand the Two-Edged Sword of Subsequent Remedial Measures

When an alleged hazard exists and causes a person to be injured, then maybe a business might think about fixing it. But would the fix amount to a confession and cause the business to own that prior liability? That’s the...more

Harris Beach PLLC

Manufacturers Can Apply "Optional Safety Device" Exception to Design Defect Claims in Rental Market

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New York state's High Court has expanded the optional safety device exception to strict products liability to apply to equipment rental. ...more

Seyfarth Shaw LLP

Trade Secrets May Retain Protections Despite Disclosure to Single Competitor

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The Ninth Circuit recently held in United States v. Liew that it was not plain error for the district court not to instruct the jury that disclosure “‘to even a single recipient who is not legally bound to maintain [a trade...more

Knobbe Martens

Medical Device Manufacturers’ Duty to Warn Expands

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The Washington State Supreme Court recently released its decision in Taylor v. Intuitive Surgical, Inc. where it held that Washington law requires medical device manufacturers to warn hospitals that purchase their products of...more

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