News & Analysis as of

Class Action Product Defects

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Rivkin Radler LLP

Mass Toxic Torts Watch List (Other Than Plaintiffs’ TV Ads)

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We are all familiar with the TV ads run by members of the plaintiffs’ bar seeking plaintiffs for mass toxic tort litigation, those asking whether you or someone you know has been “exposed” to a particular substance and now...more

Searcy Denney Scarola Barnhart & Shipley

The Role of the FDA in the Exactech Recall: A Critical Analysis

Exactech has issued multiple recalls for its implantable joint replacement devices over the past few years. While Exactech has largely issued these recalls voluntarily, it has done so at the request—and with the oversight—of...more

Searcy Denney Scarola Barnhart & Shipley

Lessons Learned from the Exactech Recall: How We Can Improve Medical Device Safety in the Future

In response to scrutiny from the U.S. Food and Drug Administration (FDA), Exactech has recalled hundreds of thousands of defective medical implant devices sold between 2004 and 2021. Despite these recalls—which began in...more

Searcy Denney Scarola Barnhart & Shipley

Alternatives to the Exactech: Exploring Other Surgical Tools and Techniques

Over the past couple of decades, hundreds of thousands of patients in the United States have received defective medical implants manufactured by Exactech. While the U.S. Food and Drug Administration (FDA) has identified...more

Gardner Law

[Hybrid Event] “Steer” Clear of Legal Lassos: Readiness Strategies for FDA-Regulated Companies - May 1st, Austin, TX

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Join Gardner Law for a half-day CLE event in person at the Capital Factory in Austin, TX or attend virtually. Prepare for the regulatory rodeo with confidence by learning how to navigate regulatory, compliance, and privacy...more

Searcy Denney Scarola Barnhart & Shipley

A Timeline of the Exactech Recall: How it Unfolded

Exactech has recalled hundreds of thousands of implantable ankle, knee, hip and shoulder replacement devices over the past few years. If you or a loved one received an Exactech implant in 2004 or later, it will be important...more

Searcy Denney Scarola Barnhart & Shipley

Searcy Denney Is Pursuing Claims on Behalf of Families Affected by Dangerous WanaBana Applesauce Pouches

Our firm is actively pursuing claims against WanaBana USA and other companies on behalf of families affected by WanaBana USA’s dangerous applesauce pouches. On October 28, 2023, the U.S. Food and Drug Administration (FDA)...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Bennett Jones LLP

Developments in General Causation Methodologies for Class Certification

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In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's...more

Kilpatrick

Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment

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Takeaway: The Eastern District of Missouri granted General Motors’ motion to dismiss a putative class action alleging deceptive omission of oil consumption problems with certain GMC and Chevy trucks, agreeing that the...more

Blake, Cassels & Graydon LLP

Actions collectives en responsabilité du fabricant : aperçu des tendances récentes

Les actions collectives en responsabilité du fabricant au Canada constituent un type de litige complexe et en constante évolution; la responsabilité du fabricant faisant l’objet d’un activisme accru de la part des...more

Blake, Cassels & Graydon LLP

Product Liability Class Actions: A Look at Recent Trends

Product liability class actions in Canada are a complex, ever-evolving area of litigation that continue to see an increase in consumer activism and regulatory oversight. If you’re a manufacturer, distributor or seller, or...more

Robins Kaplan LLP

Update on Exactech Knee, Hip, and Ankle Implant Recall Lawsuit

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Robins Kaplan LLP is examining the recent recall of orthopedic devices that were manufactured by Exactech for hip, knee, and ankle implants. Since 2021, Exactech has recalled approximately 185,000 devices with the latest...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Faegre Drinker Biddle & Reath LLP

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

BCLP

Historic judgement rendered by the Paris Court in a French class action

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The Paris Court has ruled against Sanofi in the Depakine case on the class action initiated by an association. According to a parliamentary report dated 11 June 2020, only twenty-one class actions have been brought to court...more

Jenner & Block

Ninth Circuit Rejects Challenges to Conjoint Analysis in Consumer Class Action

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In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more

Bennett Jones LLP

The Alberta Court of Appeal Provides Guidance on the Test for Certification in Overturning Goodyear

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On May 17, 2021, the Alberta Court of Appeal released its decision in Spring v Goodyear Canada Inc., 2021 ABCA 182. This case is the latest Alberta consideration of the test for certification of a class action. At issue was...more

McGuireWoods LLP

Using Contracts to Avoid Problematic Jurisdictions and Unfavorable Law

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For far too long, companies facing consumer and product liability litigation have relied solely on personal jurisdiction doctrine to try avoiding unfavorable forums applying unfavorable law. Personal jurisdiction doctrine,...more

Console and Associates, P.C.

Are You In Pain After Hernia Surgery?

Thanks to defective hernia mesh implants, not all hernia repair surgeries go as planned. The patients who received defective mesh often end up in worse shape than they were before surgery and, sometimes, have to undergo an...more

Hogan Lovells

International products law review 2020: Issue 78

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On 18 February 2020, the French Ministry of Economy and Finance announced the launch of a new online platform called SignalConso, an easy-to-use public service enabling individuals to report any consumer law issue they may...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2020

Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation: March Recap and May Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for May 28, 2020. In light of the Covid pandemic, all oral arguments are scheduled to be completed virtually by...more

Robins Kaplan LLP

Robins Kaplan Justice Report Spring 2020 | VOL. 14 NO. 2

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Safety. As trial lawyers, we know the importance of keeping our communities safe. As trial lawyers, it is our job to shine the light on wrongdoers. It is our job to hold the wrongdoers accountable. Our goal is to make our...more

Ballard Spahr LLP

Class Representative’s Claims Tossed on Spoliation for Pre-suit Product Repair Alterations

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A New York federal court issued an important reminder last week that class representatives—who often perceive their obligations as relaxed given the fictional nature of their role—have important product preservation...more

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