Earlier today, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in...more
Auto accidents happen for a variety reasons, including speeding, tailgating, driver distraction and reckless driving. Yet what you might not realize is that car accidents are sometimes caused by vehicle manufacturers....more
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
When you purchase a product, whether it's a new car or phone, you expect that it will work properly. However, some products not only fail to function as promised, but can actually cause you harm. If you use a product in the...more
A few years ago, Ms. Colleen Stephens vacated her 5,000 square-foot, newly renovated home overlooking the bay in Virginia Beach. She and her family moved into a smaller home located further inland. While not happy with the...more
Anyone who is a parent likely remembers that magical day when their child learned how to ride a bicycle or to otherwise balance themselves on two wheels. In recent years, that ability to balance has expanded in terms of...more
The Ninth Circuit ruled this week that a class of car owners could pursue their court claims against the manufacturer, Toyota, for product defects and false advertising, despite the existence of an arbitration agreement in...more
Ventlab Corporation, based in Mocksville, NC, issued a recall over the summer for a number of manual resuscitator devices. The devices are designed to help patients who cannot breathe on their own. According to the FDA, a...more
When a company provides consumers with a very popular product that sells extremely well all over the world, that company tends to grow in several different directions. It will obviously grow vertically in that it will...more
Opening arguments took place Jan. 25 in the trial of a lawsuit brought in California against Johnson & Johnson by a patient who received the company’s allegedly faulty “ASR” implant in hip replacement surgery....more
While many car accidents are caused by driver error, some are caused by defective automobile parts. Part of the automobile accident claim process is determining the real cause of an accident. Lately there has been no...more
Every child has at least one set of pajamas, as parents will make sure that their young ones have something comfortable to sleep in and pajamas tend to make very good gifts for family and friends. Most people do not give much...more
Millions of consumer products are sold across the United States every year, and the vast majority of them work as they should and they do not cause harm to those who use them. Unfortunately, there are still many situations...more
Generally speaking, when a product is recalled, the decision is made by the manufacturer of that product with some level of cooperation from the United States Consumer Product Safety Commission, or the CPSC. That’s usually...more
The Chinese unit of Jaguar Land Rover has announced that it will recall 337 cars due to issues with the brakes and steering boxes. The General Administration of Quality Supervision, Inspection and Quarantine, China’s...more
Legal claims by consumers against drug manufacturers usually fall into one of two categories: - Flaws in the manufacturing of a product - Flaws in the product itself...more
Toyota agreed on Dec. 26 to settle a class action accusing the auto maker of selling cars that are defective because they suddenly accelerate. The total settlement amount is a reportedly record-breaking $1.4 billion, and...more
Chrysler recently issued a recall for 919,000 Jeep sport utility vehicles after there were reports of problems with the airbags. Apparently, 215 customers complained that airbags deployed even though no accident occurred....more
When vehicles are found to have defects in them, automobile manufacturers will generally attempt to weigh all of the risks involved before making a decision regarding how they should proceed. When a defect involves the...more
In a decision released on August 16, 2012, the 10th Circuit Court of Appeals overturned the trial court’s Daubert ruling on an expert who was allowed to testify about an alleged seat belt defect in a rollover crash. The 10th...more
Because of the numerous advantages of litigating personal injury cases in federal court, many out-of-state defendants seek to remove their cases from state court to federal court. To remove, the moving party must show that...more
An airbag can be a vital piece of vehicle safety equipment that prevents debilitating injuries or even wrongful death. When airbags malfunction because of a defect in the design or manufacturing process, they may fail to...more
Car accidents seem to be a part of our life, but they do not need to be. Car accidents largely result from negligence or intentional acts that have devastating consequences. Each year 35,000 victims meet their death on roads...more
Developing any product involves a complex series of steps from the time of the initial design, through the manufacturing process, to the time it reaches a consumer. An error at any point in the cycle can result in injuries to...more
In recent years, vehicle recalls have been in the news regularly, and these recalls have affected millions of people around the world. Fortunately, the majority of people who owned vehicles that were subject to these recalls...more
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