News & Analysis as of

Product Defects

Oberheiden P.C.

Hernia Mesh Litigation: What a Global Settlement Would (and Wouldn’t) Mean for Patients and Their Families

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Recent events suggest that a global settlement in the longstanding hernia mesh multidistrict litigation (MDL) is on the horizon. Most recently, the parties jointly submitted two case management orders on July 5, 2024—CMO #52...more

Morrison & Foerster LLP - Class Dismissed

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector

On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon...more

McCarter & English, LLP

Artificial Intelligence & Product Liability

As federal agencies and states grapple with regulating artificial intelligence (AI) to enhance its safety profile, and as businesses race to adopt AI for myriad purposes, it is important to recognize a general safety...more

Rivkin Radler LLP

Mass Toxic Torts Watch List (Other Than Plaintiffs’ TV Ads)

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We are all familiar with the TV ads run by members of the plaintiffs’ bar seeking plaintiffs for mass toxic tort litigation, those asking whether you or someone you know has been “exposed” to a particular substance and now...more

Morrison & Foerster LLP

The Future of CPSC’s Budget

The House Subcommittee on Innovation, Data, and Commerce (the “Subcommittee”) recently held a hearing on the Consumer Product Safety Commission’s (CPSC) budget, which was cut by $1.525 million from Fiscal Year (FY) 2023 to...more

Foley Hoag LLP

Product Liability Update - July 2024

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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

Holland & Knight LLP

Court Decision Concerning "Boneless Chicken Wings" Ignites Political Firestorm in Ohio

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Readers with a keen memory of their law school torts class (or bar-exam review course) may have a recollection of rules applicable to personal injury claims arising from foreign or unexpected substances in food. Depending on...more

McGlinchey Stafford

Maritime Products Liability Law: Understanding the Fundamentals

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The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

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In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Bergeson & Campbell, P.C.

CPCS Finds Amazon Responsible under CPSA for Hazardous Products Sold by Third-Party Sellers on Amazon.com

The U.S. Consumer Product Safety Commission (CPSC) announced on July 30, 2024, that it issued a Decision and Order against Amazon.com, Inc. (Amazon). CPCS states that, in a unanimous vote, it “determined that Amazon was a...more

McGuireWoods LLP

Decisions in Pelvic Mesh Suit Clarify West Virginia Products Liability Law

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In Shears v. Ethicon, Inc., the U.S. Court of Appeals for the Fourth Circuit vacated a judgment entered in favor of Ethicon and its parent company Johnson & Johnson following a jury trial in a pelvic mesh products liability...more

Husch Blackwell LLP

The Specter of Nuclear Verdicts and Middle-Market Companies

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The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more

Snell & Wilmer

CPSC Rules Amazon Responsible Under Federal Safety Law for Hazardous Products Sold by Third-Party Sellers on Amazon.com

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Today, the Consumer Product Safety Commission (CPSC) issued an Order against Amazon.com, Inc.. determining that Amazon was a “distributor” of products that are defective or fail to meet federal consumer product safety...more

White and Williams LLP

Amazon Can be Liable in Louisiana

In June 2024, the Supreme Court of Louisiana held that: (1) Amazon can be considered a “seller” of defective products sold by third parties on its website; and (2) Amazon can be liable under a theory of negligent undertaking...more

Searcy Denney Scarola Barnhart & Shipley

Get the Help You Need: Navigating Product Liability Cases in Florida

Product liability cases in Florida, as in any other state, involve legal claims against manufacturers, distributors, or sellers of defective products that cause harm to consumers. These cases can be complex, involving various...more

Searcy Denney Scarola Barnhart & Shipley

The Role of the FDA in the Exactech Recall: A Critical Analysis

Exactech has issued multiple recalls for its implantable joint replacement devices over the past few years. While Exactech has largely issued these recalls voluntarily, it has done so at the request—and with the oversight—of...more

Searcy Denney Scarola Barnhart & Shipley

Lessons Learned from the Exactech Recall: How We Can Improve Medical Device Safety in the Future

In response to scrutiny from the U.S. Food and Drug Administration (FDA), Exactech has recalled hundreds of thousands of defective medical implant devices sold between 2004 and 2021. Despite these recalls—which began in...more

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court

The California Supreme Court granted review in Gilead Life Sciences v. Superior Court—a hopeful turn of events after lower courts issued decisions that resulted in an unprecedented expansion of negligence liability for...more

Stikeman Elliott LLP

Ontario Court Dismisses Failure to Warn and Negligent Manufacture Claims Against Defendants in Leaky Dishwasher Case

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In Pelton v Maytag, 2024 ONSC 3016 (“Pelton”) the Ontario Superior Court of Justice (the “Court”) ruled that the defendant manufacturers were not liable for failing to warn consumers that the product could fail because of a...more

Mintz

Removal of Commissioners, ALJs Does Not Offend Separation of Powers: Tenth Circuit

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When the CPSC finds that a product is defective and constitutes a substantial product hazard, it will ask a company to voluntarily undertake a corrective action, commonly called a recall. If the company refuses to take such...more

Goodwin

DOJ Seeks 10-Year Prison Sentences in First Consumer Product Safety Conviction

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This month, the government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers. This comes after the two were found guilty of conspiracy to...more

Hissey, Mulderig & Friend, PLLC

Women With Broken Paragard Copper IUDs May Qualify to File a Lawsuit

Women whose Paragard copper IUD broke during removal or while being implanted may be eligible to file a lawsuit and receive compensation for their injuries. Thousands of women who were injured by broken Paragard IUDs have...more

Jones Day

California Supreme Court Will Review Novel Negligence Theory for Pharmaceutical Manufacturers

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The Situation: The California Supreme Court recently granted review of a California Court of Appeal decision, Gilead Life Sciences, Inc. v. The Superior Court of the City and County of San Francisco, that made waves in the...more

ArentFox Schiff

California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

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On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more

White and Williams LLP

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails

In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking...more

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