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Admissible Evidence Product Defects

Spilman Thomas & Battle, PLLC

Pennsylvania Supreme Court Revisits the Admissibility of Evidence of Product’s Compliance with Governmental Regulations or...

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

Butler Snow LLP

Product Recall – Proof of Responsible Manufacturer Not Defect

Butler Snow LLP on

News of a product recall often motivates potential plaintiffs to a search for a lawyer. But the truth is a product recall is an act of responsibility and should not be used to penalize a manufacturer in court....more

Haight Brown & Bonesteel LLP

Evidence of Industry Custom May Be Relevant and Admissible in a Strict Products Liability Action Depending on the Nature and...

In Kim v. Toyota Motor Corp., 2016 No. B247672, the California Court of Appeal, Second District, held that a jury could consider evidence of industry custom to determine whether a product was defective under the risk-benefit...more

Haight Brown & Bonesteel LLP

Expert Testimony Admissible Under Sargon Despite Fact Expert Could Not Definitively Rule Out All Other Possible Causes of Injury

In Cooper v. Takeda Pharmaceuticals America, Inc., (filed 7/16/2015, published 8/13/2015, No. B250163) the California Court of Appeal, Second District, held a physician’s expert testimony attributing the defendant’s...more

Foley Hoag LLP

Product Liability Update - July 2015

Foley Hoag LLP on

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

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