A recent Pennsylvania Supreme Court opinion provides out-of-state corporations more protection from litigation tourists, bringing the state’s general personal jurisdiction rules in line with U.S. Supreme Court precedent. In...more
Increasingly popular online “lead generation” services offering to connect attorneys with potential mass tort plaintiffs may expose counsel to ethics violations, the New Jersey Advisory Committee on Professional Conduct...more
A Pennsylvania federal court has again asked that the state’s Supreme Court clarify whether, and to what extent, medical device manufacturers are immune from strict liability claims by virtue of the “unavoidably unsafe...more
On May 7, a California District Court Judge granted Victory Woodworks, Inc.’s (“Victory”) motion to dismiss all COVID-19 liability claims in plaintiffs Robert and Corby Kuciemba’s amended complaint. Kuciemba et al. v. Victory...more
6/2/2021
/ Asbestos Litigation ,
California ,
Coronavirus/COVID-19 ,
Damages ,
Employees ,
Exclusive Remedy ,
Labor Code ,
Liability ,
Pleadings ,
Remedies ,
Workers' Compensation Claim
A New Jersey District Court Judge has ruled that the March 2020 federal liability immunity statute for pandemic-related countermeasures does not create a basis for federal jurisdiction, resulting in the remand of two...more
9/15/2020
/ Coronavirus/COVID-19 ,
Federal v State Law Application ,
Immunity ,
Infectious Diseases ,
Medical Malpractice ,
Negligence ,
Nursing Homes ,
Personal Protective Equipment ,
Preemption ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Remand ,
Removal ,
Social Distancing ,
State and Local Government ,
Subject Matter Jurisdiction
On February 21, 2020, the cruise ship Grand Princess embarked from San Francisco, headed to Hawaii. Among the ship’s 3,533 passengers and crew were 62 people who had been exposed to COVID-19 on the ship’s immediate prior trip...more
7/29/2020
/ Actual Injuries ,
Close Proximity Issues ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Cruise Ship Passengers ,
Cruise Ships ,
Dismissals ,
Frivolous Lawsuits ,
Gottshall Test ,
Hospitality Industry ,
Infectious Diseases ,
Motion to Dismiss ,
Negligent Infliction of Emotional Distress ,
Public Policy ,
Zone of Danger Test
Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more
5/18/2020
/ Appeals ,
Appellate Record ,
Bias ,
Impartiality ,
Judges ,
Jury Selection ,
Jury Trial ,
Local Rules ,
Motion To Strike ,
PA Supreme Court ,
Peremptory Challenges ,
Reversal ,
Right to a Fair Trial ,
Right to a Jury ,
Standing Objections ,
Trial Attorneys ,
Trial Practice Guidance ,
Voir Dire ,
Waivers
Last week, FDA released guidance for life sciences manufacturers that produce medical devices and components “critical to public health,” including materials that support or sustain life, or are used in emergency care or...more
For at least two decades, Pennsylvania law has recognized an exemption from strict liability for prescription drug manufacturers based on the state Supreme Court’s interpretation of the Restatement (Second) of Torts Sec. 402A...more