A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more
1/27/2020
/ Breach of Warranty ,
Class Action ,
Component Parts Doctrine ,
Consumer Fraud ,
Dismissals ,
Failure To State A Claim ,
Failure To Warn ,
Federal Rules of Civil Procedure ,
Honeywell International ,
Negligence ,
Pleading Standards ,
Product Defects ,
Strict Liability ,
Unfair Competition Law (UCL) ,
Warranty Insurance
Courts have struggled for decades to define the constitutional limitations on personal jurisdiction over major product manufacturers who sell their products nationwide. The central tension has been determining the validity...more
9/23/2019
/ Asahi ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Distributors ,
J. McIntyre Machinery v. Nicastro ,
Manufacturers ,
MN Supreme Court ,
MT Supreme Court ,
Personal Jurisdiction ,
Product Defects ,
Specific Jurisdiction ,
Stream of Commerce
Amateur philosophers, bar flies, and eulogists, among others, are known to wistfully observe that nothing dies so long as it is remembered and discussed. That’s a comforting sentiment when it comes to loved ones and legacies,...more
7/30/2019
/ Admissibility ,
CA Supreme Court ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Expert Witness ,
Kelly-Frye Test ,
Lockheed Martin ,
Recusal ,
Reliability Standards ,
Rule of Evidence 702
In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702. In a preamble to the final bill, the Legislature expressed its intent to (1) adopt the...more
The Ninth Circuit’s recent en banc decision in In re Hyundai and Kia Fuel Economy Litigation, — F.3d —, 2019 WL 2376831 (9th Cir. Jun. 6, 2019), restored some much-needed balance to the class action universe. The court...more
7/12/2019
/ Appeals ,
Choice-of-Law ,
Class Action ,
Class Certification ,
En Banc Review ,
False Advertising ,
Fraudulent Marketing ,
FRCP 23(b)(3) ,
Fuel Standards ,
Hyundai ,
Kia ,
Motor Vehicles ,
Multidistrict Litigation ,
Predominance Requirement ,
Settlement Agreements ,
Vacated
The Aftermath of Marsh -
When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more
7/8/2019
/ Admissibility ,
Appeals ,
Causation ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Florida ,
Kelly-Frye Test ,
Legislative Agendas ,
Motion to Exclude ,
Reversal ,
Rule of Evidence 702 ,
Scientific Research ,
Statutory Interpretation ,
Summary Judgment ,
Trial Court Orders
The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye...more
For some long-awaited events, a little time and distance can add a measure of clarity. Not always – many still are processing the Game of Thrones finale, with no end in sight. But over the past few weeks pharmaceutical...more
6/25/2019
/ Agency Disapproval ,
Clear Evidence Standard ,
Failure To Warn ,
FDA Approval ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Jury Trial ,
Manufacturers ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Preemption ,
Prescription Drugs ,
Question of Fact ,
Question of Law ,
Remand ,
SCOTUS ,
State Law Claims ,
Vacated ,
Warning Labels