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Negligence › Strict Liability › Design Defects

Miles Mediation & Arbitration

Rising Complexity Across Global Supply Chains is Exacerbating Product Liability Risks

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Whether an individual is purchasing a new car, a new television, or a new kitchen appliance, the company that makes those products isn’t the only manufacturer involved. In today’s global economy, most products are made by an...more

Foley Hoag LLP

Product Liability Update - July 2021

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Searcy Denney Scarola Barnhart & Shipley

Can I Sue for a Faulty Product?

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Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more

White and Williams LLP

Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole

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In Kenney v. Watts Regulator Co, No. 20-2995, 2021 U.S. Dist. LEXIS 4539 (E.D. Pa. Jan. 11, 2021), the United States District Court for the Eastern District of Pennsylvania considered whether to exclude the plaintiff’s...more

Faegre Drinker Biddle & Reath LLP

Florida Appellate Court Authorizes the Use of the Risk-Utility Test in Complex Medical Device Cases

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On October 7, 2020, Florida’s Fourth District Court of Appeal affirmed a defense verdict in favor of a medical device manufacturer and in doing so approved of the trial court’s use of the risk-utility test and not the...more

Butler Snow LLP

Court clarifies that only latent injuries fall within the “disease exception” to Georgia’s product liability statute of repose.

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In a recent decision, Capes v. Ethicon, Inc., No. 1:19-cv-04895, the Northern District of Georgia finally shed light on the meaning behind one of the limited exceptions to Georgia’s ten-year statute of repose for...more

White and Williams LLP

Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision

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Since the Supreme Court of Pennsylvania decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), parties proceeding in product liability cases in Pennsylvania often disagree about jury instructions. In Davis v....more

Harris Beach PLLC

Significant New York Drug and Device 2017 Product Liability Decisions

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To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Cozen O'Connor

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

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Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the...more

CMCP - California Minority Counsel Program

Strict Products Liability Claims Based On Design Defect Are Inapplicable To Implanted Medical Devices That Are Available Only...

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A recent California Court of Appeal decision out of the Second District has provided further clarity to the scope of California products liability law by reasserting the general rule that precludes strict liability for design...more

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