Subro Sense Podcast - Unpacking Product Claims Against Amazon
FCPA Compliance and Ethics Report-Episode 145-SEC Enforcement of the FCPA, Part II
FCPA Compliance and Ethics Report-Episode 138, Tribute to Mr. Spock and Strict Liability for Internal Controls Under the FCPA
In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar...more
Crafting the perfect medical device is never an exact science—but a patient should never suffer because of defects in a product that was intended to improve their quality of life. Determining whether a device manufacturer or...more
Just before Christmas, the Pennsylvania Supreme Court delivered a lump of coal to products liability defendants: Sullivan v. Werner Co., 2023 WL 8859656 (Pa. Dec. 22, 2023), affirming a lower court ruling that barred evidence...more
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
Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more
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
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
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
Recently, the Florida Fourth District Court of Appeal opened the door to moving away from the consumer expectations test and adopting the risk-utility test for strict liability design defect claims involving complex...more
The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more
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
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
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
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
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
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
In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which...more
Resistance bands used for home exercise purposes have recently become the frequent subject of product liability suits. Perhaps most notably, a lawsuit resulting from an eye injury suffered by Senate Minority Leader Harry...more
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
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