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Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:
White and Williams LLP

Industry Standard and Sole Negligence Defenses Can’t Fix a Defect

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Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to...more

Searcy Denney Scarola Barnhart & Shipley

Paraquat: The Basics, the Symptoms and the Legislation Against It

The subject of six lawsuits filed in three states, paraquat is widely used in the agricultural industry and, sadly, often causes illnesses to those least able to care for themselves: workers. Workers on farms and ranches...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Holds Expert Qualified in Surgical Tool Suit Despite Lack of Experience Using the Product

The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more

Cultiva Law, PLLC

WSLCB Policy Statement on Delta-8

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The Washington State Liquor and Cannabis Board issued a Policy Statement, effective April 28, 2021, in an effort to provide clarity on the State’s regulation of THC in forms other than Delta-9. Specifically, the policy...more

Snell & Wilmer

E-Commerce Marketplace Liablity

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Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021...more

White and Williams LLP

Amazon Can Be Held Strictly Liable For Hoverboard Sale

Whether Amazon can be held strictly liable for products sold by third parties through its website is a question courts often face. In Loomis v. Amazon.com, LLC, No. 297995, 2021 Cal. App. LEXIS 347 (Apr. 26, 2021), the Court...more

Searcy Denney Scarola Barnhart & Shipley

Searcy Denney Scarola Barnhart & Shipley, P.a. Files Multi-state Lawsuits Against Makers of Paraquat-herbicide Linked to...

MULTI-STATE LAWSUITS FILED TODAY AGAINST MAKERS OF PARAQUAT – HERBICIDE LINKED TO PARKINSON’S DISEASE – BY TEAM OF ATTORNEYS FROM DICELLO LEVITT GUTZLER, SALTZ  MONGELUZZI & BENDESKY, AND SEARCY LAW - Defendants include...more

Faegre Drinker Biddle & Reath LLP

CPSC’s Expanding Role under the Biden Administration

During the Trump administration, the number of consumer product safety recalls fell for three years in a row. When Robert Adler became Acting Chair of the U.S. Consumer Product Safety Commission (CPSC) in 2019, he compared...more

King & Spalding

Supreme Court Rejects “Causation-Only” Approach to Specific Personal Jurisdiction, Deeming Connection Between Plaintiffs’ Claims...

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On March 25, 2021, the United States Supreme Court unanimously held that the doctrine of specific personal jurisdiction does not turn solely on whether the defendants' activities in the forum state “gave rise to” the...more

Searcy Denney Scarola Barnhart & Shipley

Can I Sue for a Faulty Product?

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

Faegre Drinker Biddle & Reath LLP

A Component Part Supplier’s Duty to Warn Following the U.S. Supreme Court’s Maritime Asbestos Decision

Under the Restatement (Third) of Torts: Products Liability § 5, Comment b (1998), the supplier of a product generally must warn about only those risks associated with the product itself, not those associated with the...more

Cozen O'Connor

The Sixth Circuit Tackles Twombly, Iqbal And The Malfunction Theory

Cozen O'Connor on

Most states have adopted a version of what is typically referred to as the “Malfunction Theory” that permits circumstantial proof of a product defect in a product liability action. The Malfunction Theory largely corresponds...more

Haight Brown & Bonesteel LLP

Not Even Amazon Can Avoid Being In the Chain of Distribution Under California Strict Products Liability Law

In August of 2020, a California Court of Appeal held that Amazon was subject to strict products liability for each and every product sold on its website. (See Bolger v. Amazon.com LLC (2020), 53 Cal.App.5th 431. You can read...more

Proskauer - Minding Your Business

Another Court Gets on (Hover) Board with Online Marketplace Liability for Defective Products

In two prior blog posts, we covered how online marketplaces, like Amazon, are being held responsible for defective and counterfeit products sold on their platforms. In the latest development in this space, California’s Court...more

Foley Hoag LLP

Product Liability Update - April 2021

Foley Hoag LLP on

UNITED STATES SUPREME COURT - • United States Supreme Court Holds Due Process Permits Exercise Of Specific Personal Jurisdiction Over Out-Of-State Vehicle Manufacturer For Product Liability Claims For Harm To Forum...more

Faegre Drinker Biddle & Reath LLP

Not All’s Well That Ends Well: The Seventh Circuit Misapplies Daubert, but Still Delivers a Victory

The nature of advocacy makes it hard sometimes for lawyers to focus solely on the outcome and the bottom line result. How a court gets there may not matter much to the prevailing party in the dispute as they celebrate the...more

Shook, Hardy & Bacon L.L.P.

Future-Proofing Product Safety in the UK

Earlier this month, we reported on the liability aspects of the UK government’s Consultation on Product Safety, as currently contained in the UK Consumer Protection Act 1987 (CPA). Alison Newstead and Marisa Pearce now...more

Butler Snow LLP

Navigating the Stream of Commerce: “Purposeful Availment” in the Wake of Ford

Butler Snow LLP on

We recently covered the United States Supreme Court’s troubling decision in Ford Motor Company v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), which has broadened the reach of specific personal jurisdiction...more

Searcy Denney Scarola Barnhart & Shipley

FDA Warns of Risk of Failure in Stryker STAR Ankle Replacement Devices

The U.S. Food and Drug Administration (FDA) is warning patients and healthcare providers of a “higher than expected risk” of failure in Stryker Scandinavian Total Ankle Replacement (STAR) devices. According to the FDA, the...more

Shook, Hardy & Bacon L.L.P.

Government to Review UK Product Safety and Liability Laws

On 11 March 2021 the UK government announced a consultation with the intention of reviewing and strengthening the UK’s product safety laws to ensure that they are fit for the 21st century. Business Minister Paul Scully spoke...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 131: Listen and Learn -- Strict Products Liability

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today we're talking about strict products liability, which is one of the three theories of liability that can form the basis of a products liability claim.  In this episode, we...more

Zuckerman Spaeder LLP

Recent Supreme Court Decision May Force Lower Courts to Reevaluate Personal Jurisdiction Test

Zuckerman Spaeder LLP on

The Supreme Court’s recent decision in Ford Motor Company v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), is the latest entry in the Court’s rulings on personal jurisdiction, and may force lower courts to...more

Quinn Emanuel Urquhart & Sullivan, LLP

Product Liability Litigation Update

Considerations for Admitting 30(b)(6) Testimony in Mass Tort and Product Liability Cases - In many mass tort and product liability cases involving alleged injuries with a long latency period, corporate defendants must...more

Kelley Drye & Warren LLP

Court Injunction Hints at Prop 65 Relief for Acrylamide in Foods

In the latest of a string of potentially ground-altering developments under California’s Proposition 65, a federal judge has temporarily enjoined plaintiffs from initiating new cases alleging failure to warn for foods and...more

Faegre Drinker Biddle & Reath LLP

A Cautionary Tale and a Wistful Remembrance About Settlement Security

Our language around settlements connotes war and peace – in settling we are “buying our peace” or “ceasing hostilities.” The old saw is that a good settlement leaves no one satisfied, but in truth, a good settlement leaves...more

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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