News & Analysis as of

Strict Liability

Equity Incentive Plans targeted by Plaintiffs’ New Theory on Section 16 Short-Swing Profit Liability

by Bryan Cave on

Securities and executive benefits attorneys and public companies that maintain equity incentive plans should be aware of a new theory of recovery under the “short-swing profit rule.” Plaintiffs’ attorneys have recently...more

New Jersey Extends “Take-Home” Toxic Tort Liability

by Beveridge & Diamond PC on

Expanding the scope of potential workplace-exposure liability, the New Jersey Supreme Court clarified that an employer may be liable for toxic exposures not just to the spouse of an employee, but potentially to people with...more

Take-Home Exposure and Stream of Commerce

by Low, Ball & Lynch on

Joseph Petitpas v. Ford Motor Company, et al. - Court of Appeal, Second Appellate District, 13 Cal.App.5th 261 (July 5, 2017) - Plaintiffs Marline and Joseph Petitpas sued Exxon Mobil Corporation, Ford Motor Company,...more

The Washington Supreme Court Addresses Meal Break Claims

by Stoel Rives LLP on

The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is...more

SDNY — Passenger Dropping Bag on Another Passenger While Boarding an ‘Accident’ Under Montreal Convention, Creating Strict...

by Lane Powell PC on

It is a common scenario on today’s ever more packed flights — dozens of passengers are boarding a commercial flight with large roller bags, hunting for overhead bin space and lifting their bags over the heads of the...more

Wage/Hour — Washington Supreme Court — Two Recent Tips Regarding Meal Break Liability

What happens in Washington when your employee fails to take a meal break? Is the employer “strictly liable” for a statutory wage/hour violation? NO....more

Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se

by Freeborn & Peters LLP on

A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et al., N.D....more

UPDATE: New UK Offences of Failure to Prevent Facilitation of Tax Evasion – looming deadline

by Ropes & Gray LLP on

In May 2016, we published an Alert about UK proposals to introduce new strict liability corporate criminal offences aimed at preventing the facilitation of tax evasion. Andy Howard, Tax partner in the Ropes & Gray London...more

Artificial Intelligence and Learned Intermediaries

by Reed Smith on

In the July 7, 2017, “Artificial Intelligence” issue of Science, we were intrigued by a short piece in the “Insights” section on “Artificial Intelligence in Research” that discussed the future use of autonomous robots in...more

Washington Meal Breaks

by Dorsey & Whitney LLP on

The Washington Supreme Court held that an employer is not strictly liable under Washington law for an employee who voluntarily waives his or her meal break. The court also held that, once an employee has asserted a prima face...more

Reversal of $48 Million Product Liability Verdict Required Due to Inconsistent Jury Findings on Failure to Warn Claims and...

In Trejo v. Johnson & Johnson, et al. (No. B238339, filed 6/30/2017), the California Second Appellate District held, among other things, that the jury’s finding that defendant was liable for negligent failure to warn was...more

Court of Appeal upholds jury verdict in Petitpas et al. v. Ford Motor Company, et al

by Dentons on

In a unanimous 64 page decision, the Second District Court of Appeal, Division Four in Los Angeles affirmed the defense verdict in favor of Exxon Mobil Corporation and Ford Motor Company in a lawsuit brought by Marline and...more

Eastern District of Wisconsin Grants Summary Judgment on Hip Component Manufacturer’s Negligence Claims But Denies Summary...

by Reed Smith on

Last week, like most weeks during the past year, we spent a lot of our time on airplanes. One of those trips fell on a day with “lots of weather.” All of our flights were delayed, although we were luckier than many. When we...more

Tenth Circuit Finds Citizen Petition Denial to be "Clear Evidence" of Conflict Preemption

A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S....more

Comparative Negligence and Crashworthiness Collide at the South Carolina Supreme Court

by Nexsen Pruet, PLLC on

The South Carolina Supreme Court recently held that the comparative negligence of a plaintiff, in causing a vehicular collision, is not a defense to product liability crashworthiness claims brought under the theories of...more

U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

by Liskow & Lewis on

In Settoon Towing, L.L.C. v. Marquette Transportation Company, L.L.C., No. 16-30459 (5th Cir. Jun. 9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil...more

Dry Cleaner Who Contaminated Neighbour’s Property Ordered To Pay Significant Damages

In Huang v. Fraser Hillary’s Limited the plaintiff, a property owner, brought an action against his neighbour, Fraser Hillary’s Limited (“FHL”), a dry cleaning business, and David Hillary (“Hillary”) the owner of a...more

What NC Community Associations Need to Know about Fair Debt Collection

by Ward and Smith, P.A. on

Nearly all Community Associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments (also known as "Dues"). When this happens, the Association, typically acting through its property...more

Kentucky Trial Court follows U.S., not Kentucky, Supreme Court Precedent to Hold that Claims Against Investigational Device Were...

by Reed Smith on

It is quite unusual for a state trial court to depart from that state’s highest court precedent. But consider that old Hebrew National frankfurter advertising campaign: “We answer to a higher authority.” If the United...more

Xarelto Litigation – Bellwether Update

Searcy Denney Mass Tort Unit attorneys Brenda Fulmer and Cal Warriner have filed three more lawsuits on behalf of Florida and North Carolina residents who suffered bleeding in their brains and GI tracts following use of...more

Dog Bites and the Mailman

Dog bites occur almost every day in Los Angeles and the San Fernando Valley. California paid out the most in dog bite-related injury settlements in 2012. Often, our postal workers are most at risk for dog bites and indeed,...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

Vast – Or at Least Half-Vast – Conspiracy Claim Dismissed

by Reed Smith on

Imagine a conspiracy so vast that it includes not only your usual plaintiff-side fantasy of the FDA conspiring with a drug company, but also high FDA officials, President Obama, Robert Mercer (noted Trump supporter and...more

Guest Post – Come Together: Is UK Product Liability Law Getting More Like the U.S.?

by Reed Smith on

This guest post – only our second post ever on European issues is brought to you by Reed Smith partners Marilyn Moberg and (in the UK) associate Bond, Kathryn Bond (sorry, couldn’t resist). Our previous (and only) foray into...more

Product Liability & Complex Litigation Vol. 1, No. 1

by Butler Snow LLP on

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from...more

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