Strict Liability

News & Analysis as of

What Does California Law Say About Dog Bites?

Dog bites are far more common – and dangerous — than you might realize. In fact, each year insurance companies nationwide pay out over $1 billion in claims related to animal bites and one-third of the money paid out through...more

Dog Bite Victims – Know Your Rights

‘Barking dogs seldom bite’ is not a valid cliché anymore, especially if you live in California,where statistics reflect the high number of dog bite attacks....more

11th Circuit Upholds Award of Summary Judgment in Mirena Lawsuit

In March 2014, Jenna Thurmond sued Bayer in the U.S. District Court for the Northern District of Georgia, alleging that her use of the Mirena contraception system caused her to develop pseudotumor cerebri. Her symptoms...more

Construction and Infrastructure Update, August 2016

Is it the Dawning of the Age of Strict Products Liability for California Contractors? Strict liability products liability - whereby manufacturers and distributors of a defective product can be found liable to a consumer...more

Board Interlocks On Antitrust Enforcement Hot Seat: A Must-Read Guide for Board Members and Officers

Recent enforcement activity by the Department of Justice (that required restructuring a live transaction) and the Federal Trade Commission makes clear that enforcement of Section 8 of the Clayton Act, the prohibition against...more

Even with a Road Map, Only One Dubious Claim Navigates Preemption

Here’s another guest post, this time from Reed Smith‘s Jaimee Farrer.  This post concerns PMA preemption, and a second opinion largely getting rid of a case that we blogged about before.  As always, Jaimee deserves all the...more

Separation Panes: Emerging Litigation Over Window Sealant

Relatively few people in the commercial construction industry are kept up at night by polyisobutylene (PIB) — the synthetic rubber sealant commonly used to provide a long term and durable moisture barrier for insulated glass...more

Federal Court Dismisses Essure Complaint

A couple of weeks ago we reported on our visit to the Women’s Health Litigation Conference. One of the conference panels discussed the most interesting ongoing litigations involving women’s health products. Essure, a...more

NJ Supreme Court Opens Door to More Take-Home Exposure Claims against Landowners

On July 6, 2016, in Schwartz v. Accuratus Corporation, No. A-73-14-076195, the New Jersey Supreme Court held that individuals other than spouses exposed to take-home toxins may pursue claims against landowners....more

California Federal Court Dismisses Inferior Complaint

Inferior vena cava filters resemble what we used to call “daddy long legs.” You know what we mean: the spider-like creatures with small centers, from which long, bent legs emanate in all directions. That is sort of what IVC...more

“Auto-Pilot” May Not Be Perfect, But It May Be Better

Virtually every day there are media reports regarding the introduction of driverless cars to mainstream consumers. As driverless cars rapidly accelerate from concept to commercialization, it is becoming increasingly apparent...more

The Scope Of SEC Defendants' Jury Trial Right: Part 4

This is the last of four articles examining the scope of the Seventh Amendment jury trial right as applied to the facts that set the maximum monetary penalty a judge may impose against a civil defendant in a U.S. Securities...more

Ruling Highlights Importance of Attacking Punitive Damages When Seeking Summary Judgment

Earlier this month, a federal judge denied two multidistrict litigation (MDL) defendants’ bid to dismiss punitive damages in a pelvic mesh suit because they did “not present any arguments” specific to punitive damages,...more

UK Bribery Act – 5 lessons in 5 years: No. 5 – What does the future hold?

UK Prosecutor sees Bribery Act offence as a template for fighting other forms of financial crime. The Serious Fraud Office would like to extend the strict liability "failure to prevent bribery" offence that is currently...more

The Difference Between Manufacturing and Design Defects

Some plaintiffs seem to think that if they allege any problems about anything in the manufacturing process of a prescription medical product, then it falls under the rubric of “manufacturing defect.” They’re wrong, of course....more

Elevator Considered “Falling Object” Under New York Labor Law §240(1)

In McCrea v. Arnlie Realty Co. LLC, 2016 N.Y.App.Div LEXIS 4215 (1st Dep’t June 7, 2016), plaintiff, an elevator repairman, was present at defendant’s property to investigate a scraping noise that could be heard while the...more

W.D. Penn. Dismisses Most Claims in Hernia Mesh Case

You’ve probably heard James Carville’s description of Pennsylvania as Pittsburgh on one end, Philadelphia on the other, and Alabama in-between. Let’s put aside that last bit, which manages simultaneously to insult both...more

California Appeals Court Rules Industry Custom & Practice May Be Admissible in Strict Products Liability Cases

In most product liability lawsuits, the plaintiff will sue under theories of negligence and strict liability. In such cases, the plaintiff may allege that the product’s manufacturer was negligent or that the product was...more

Appellate Court Notes

Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

Tackling Tax Evasion: New UK Strict Liability Corporate Criminal Offences

To engage businesses in the fight against tax evasion and dovetail with ongoing efforts to tackle corruption both nationally and internationally, the UK Government has committed to introduce a corporate offence of failing to...more

Guest Post - The Connecticut Supreme Court Modifies The State’s Consumer Expectation Test By Adopting The Modified Test

Today’s guest post is by Adam M. Masin, a partner at Shipman & Goodwin LLP. It’s about the most significant general Connecticut product liability decision in almost 20 years. It’s not a drug/device case, though. Instead it...more

Some Case-by-Case Comment K Mixed with Some Insufficient Pleading of Fraud

In Hawaii, from whence today’s case comes, tourists are encouraged to try poi, mashed up taro root, which looks like purple wallpaper paste and tastes like, well, purple wallpaper paste. The term is also used as a friendly...more

C.D. Cal. Dismisses Infusion Pump Complaint

The plaintiff in Frere v. Medtronic, Inc., 2016 WL 1533524 (C.D. Cal. April 6, 2014), was an 80 year-old woman who had an infusion pump implanted to treat her chronic low-back pain. According to the plaintiff, the device...more

Sophisticated User Defense Does Not Extend to Salesman

Richard Moran III v. Foster Wheeler Energy Corporation - Court of Appeal, Second Appellate District (April 13, 2016) - In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense...more

Comment K Case by Case – Falling Out of Favor?

When we examined Restatement (Second) of Torts §402A, comment k (1965), in our 2011 research post “Comment K, Some of the Way,” we remarked about how it said “a lot of things,” including: (1) that one can’t design away...more

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