News & Analysis as of

Recent Recalls Aimed at Infant Products - Child Product Recalls: Hazardous High Chairs and Cribs

It is always distressing to learn that a product you have purchased has been recalled. For new parents, information about a defective infant product can be particularly alarming. According to a recent article in the...more

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

Are Children Safe in High Chairs? Rise in High Chair Injuries Reported in New Study

Child Injury and Defective Products - Are our children safe in high chairs? According to a recent study published in the journal of Clinical Pediatrics, each year thousands of children suffer injuries from high...more

Pennsylvania Appeals Court Confirms Insurance Coverage for Product Liabilities and Distinguishes “Faulty Workmanship”

Whether a construction defect constitutes a covered “occurrence” under a commercial general liability (“CGL”) policy has been the subject of a national debate among state courts in recent years. Armed with a small minority of...more

Tougher Product Liability Provisions Following The Release Of Long-Awaited Amendments To Consumer Rights And Interests Protection...

OVERVIEW - The rise of consumerism in China over the past ten years, accompanied by huge increases in domestic consumption, has spurred greater regulatory enforcement in the area of product liability, as well as...more

Arora v. Whirlpool: The Case of Smelly Washing Machines

Smelly washing machines were at the center of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The early models of these...more

Florida Appeals Court Holds “Your Product” Exclusion Bars Does Not Apply to Altered Products Not Transformed Into “New Products”

On September 4, 2013, a Florida appellate court reversed, in part, a final summary judgment ruling that Liberty Mutual has to pay its insured, MI Windows and Doors, Inc. for the $3.4 million that MI paid to settle several...more

Foreseeable Misuse Isn't A Plaintiff's Panacea

Many consumers misuse products, plain and simple. All the warnings, labels and admonitions in the world won't stop this, try though the manufacturers might to limit their liability for such misuse. Originally Published...more

Alberta’s Highest Court Dismisses Employer’s Appeal In Calf-Roping Case: Agrees That Trial Judge’s Verdict Was Unreasonable

The Alberta Court of Appeal recently released its decision in R v XI Technologies Inc., 2013 ABCA 282 and held that the employer had not met its obligations under Alberta’s occupational health and safety laws when it failed...more

Ontario Court Certifies Class Action Relating to Allegedly Faulty Hip Implants

In a decision released on August 27, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action against DePuy Orthopaedics Inc. on behalf of persons who were surgically implanted with any one of...more

Sixth Circuit Clarifies That Michigan Law Does Not Always Apply In Federal Courts In Michigan—Finds Product Liability Suit Barred...

The fact that our federal courts must often apply only one of our 50 states' laws, when each state has its own unique laws, can drastically change a lawsuit. ...more

The Exclusion of Other Incident Evidence in Product Liability Litigation

A crucial issue in the successful defense of a product liability case is the exclusion of other incidents and accidents involving products of the manufacturer. In old school parlance, prior incidents were often referred to...more

Beyond Certifiable: Ford Defeats Two Class Certifications in Product Defect Litigation

Ford Motor Co. recently successfully defeated efforts to certify two classes alleging injuries resulting from product defects. On June 18, 2013, a California federal district court declined to certify a class involving an...more

Sixth Circuit Reaffirms Certification of Defective Washing Machine Class on Remand From Supreme Court

In a closely watched decision after remand by the Supreme Court, on July 18, 2013, the Sixth Circuit Court of Appeals upheld for a second time the class certification order in In re Whirlpool Front-Loading Washer Prods. Liab....more

Is There Any Legal Liability Following Airbag Malfunctions?

As reported by the New York Times and Forbes, airbag supplier Takata Corp. announced to the National Highway Traffic Safety Administration (NHSTA) that some of its products had the possibility of malfunctioning. ...more

Bicycle Recall Warns of Potential Hazards for Riders

When New Yorker think of recalls for defective products, they most often associate them with defects in automobile parts that can lead to serious injury or death. New York products liability lawyers, on the other hand, know...more

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