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General Business Products Liability Civil Remedies

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Economic Loss Rule Now Applies Only in the Products Liability Context

by Wilson Elser on

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases

by Holland & Knight LLP on

Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court...more

Federal Court Ruling Validates Industry Concerns with CPSC Database

by Morrison & Foerster LLP on

The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more

Product Liability Risk In Licensing Trademarks With Technology

A Connecticut Superior Court judge has upheld a jury verdict that once again demonstrates the product liability risks faced by trademark licensors, particularly those who license technology as well as their marks. In Hannibal...more

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

by Dickinson Wright on

An Overview of Proposed Amendments to Defect Notification and Early Warning Reporting Regulations Tucked away in the recently enacted 584 page "Moving Ahead for Progress in the 21st Century Act" is a small provision...more

Florida Court Finds No Coverage for Chinese Drywall Claim

In its recent decision in First Specialty Insurance Corp. v. Milton Construction Co., 2012 U.S. Dist. LEXIS 97972 (S.D. Fla. July 16, 2012), the United States District Court for the Southern District of Florida had occasion...more

A 100% Naturally Bad Preemption Decision

by Dechert LLP on

Sometimes a decision bounces around a bit before it lands on our plates. But when we finally spot it and read it, we realize it might be worth a quick chew. It may be a tasty little tidbit like a particularly good Twiqbal...more

The Long Tail of Construction Defect Liability: When Does It End?

by Snell & Wilmer on

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than...more

Missouri Court Holds That Economic Loss Doctrine Bars Plaintiff's Tort Claims

A Missouri district court recently ruled that a negligent misrepresentation claim was barred by the economic loss doctrine in a case involving a merchant-to-merchant sale of allegedly defective products. The plaintiff,...more

Liability for Investigational Drugs That Work (Perhaps Too Well)

by Dechert LLP on

On a number of occasions – more during the first couple of years of the blog than recently – we opposed causes of action that would impose liability on drug/device manufacturers for investigational drugs that worked, and...more

Illinois Court Addresses Liquor Liability Exclusion

In its recent decision in Netherlands Insurance Co. v. Phusion Projects, Inc., 2012 U.S. Dist. LEXIS 5222 (N.D. Ill. Jan. 17, 2012), the United States District Court for the Northern District of Illinois had occasion to...more

Limitation of Liability in a Supply Contract

by Dinesh Kumar Jap on

In order to ensure that the terms and conditions set forth in the Supply Agreement can be enforceable, the clauses related with exclusion of limitation of liabilities needs to be observed and revised in accordance with UCTA....more

Coffee's On: Claims Dismissed in Single-Cup Brewing Class Litigation

by Dechert LLP on

A federal court last week dismissed the claims in a case accusing Green Mountain Coffee Roasters of misrepresenting the performance quality of its single-cup brewing systems. See Green v. Green Mountain Coffee Roasters Inc.,...more

Proposed TV Class Action Dismissed Again

by Dechert LLP on

A California federal court has again dismissed a proposed class action brought against Sony Corp. of America regarding allegedly defective televisions. Marchante, et al. v. Sony Corp. of America Inc., et al., No....more

Tackling Pollution Exclusions To Chinese Drywall Claims

by Zelle LLP on

Originally published in Insurance Law360 - November 8, 2011. Federal and state courts in Virginia, Florida, and Louisiana have now published at least twenty-one rulings on insurance coverage actions related to Chinese...more

Weekly Law Resume - October 27, 2011: Insurance Coverage - "Insured Event"

by Low, Ball & Lynch on

Fresh Express, Inc. v Beazley Syndicate 2623/623 At Lloyd's, et al. Court of Appeal, Sixth District (October 4, 2011) Many manufacturers of consumer goods will purchase specific policies to cover losses associated with...more

Company "Doe" Files Suit Challenging the CPSC Database

by Dechert LLP on

Multiple reports indicate that an unnamed company filed a suit last week, under seal, to challenge aspects of the Consumer Product Safety Commission's new public database. Readers may recall that the Consumer Product...more

Weekly Law Resume - October 6, 2011: Manufacturer of Defectively Designed Product Cannot Recover Equitable Indemnity From Product...

by Low, Ball & Lynch on

Jerry Bailey v. Safeway, Inc. Court of Appeal, First District (September 15, 2011) This case addresses the issue of equitable indemnity between product manufacturers and retailers. The First Appellate District ruled that...more

SC Supreme Court Finds Insurance Coverage in Construction Defect Case

by Nexsen Pruet, PLLC on

The S.C. Supreme Court has clarified the issue of CGL coverage for damages associated with construction defects in a way that should prove helpful to contractors and owners. As you may know, in January 2011 the SC...more

On level terms: unfair terms and drafting consumer contracts

by Chris Robinson on

UK contract law has been re-written to benfit consumers - so what strategies should you adopt in writing terms and conditions for consumer constracts?...more

Contractual Risk Shifting: Commercial Construction

by Lawrence Wilson on

If you are engaged in general contracting and think you have shifted the risk of non-payment by the owner to your subcontractors you should review this article. At least in Texas, unless the contract makes it clear with...more

Product Liability Update - May 2010

by Foley Hoag LLP on

In This Issue: *Massachusetts Federal District Court Dismisses Product Liability Claims Based on “Benefit-of-the Bargain” Theory, Holding Neither Pure Economic Loss Nor Apprehension of Future Harm Is Legally Cognizable...more

A Reversal of Medtronic v. Riegel? A Legislative Update on Liability Against Medical Device Companies

by Foley Hoag LLP on

On March 5, 2009, both the House and the Senate proposed legislation amending the Federal Food, Drug, and Cosmetic Act to reverse the 2008 Supreme Court decision in Medtronic v. Riegel H.R. 1346; S. 540. The law, if passed,...more

Methods for Enforcing Civil Judgments in Ontario

by Pamela Pengelley on

Abstract: Obtaining a judgment against a defendant in a subrogated action may often be only the first step in a long process - obtaining a judgment is no guarantee of obtaining payment. When a court issues a judgment,...more

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