News & Analysis as of

Consumer Expectations Test

Product Liability: Consumer Expectation and Risk Benefit

by Low, Ball & Lynch on

Kawika Demara, et al. v. The Raymond Corporation, et al. - California Court of Appeal, Fourth Appellate District (July 18, 2017) - Kawika Demara was a warehouse employee at the time his foot was crushed under the drive...more

Reversal of $48 Million Product Liability Verdict Required Due to Inconsistent Jury Findings on Failure to Warn Claims and...

In Trejo v. Johnson & Johnson, et al. (No. B238339, filed 6/30/2017), the California Second Appellate District held, among other things, that the jury’s finding that defendant was liable for negligent failure to warn was...more

A Double Whammy for California Design Defect Claims

by Reed Smith on

Finally, some good news out of California – at least when personal jurisdiction isn’t the issue. Design and warning defects were the questions presented in Trejo v. Johnson & Johnson, ___ Cal. Rptr.3d ___, 2017 WL 2825803...more

The Supreme Court - June 23, 2017

by Dorsey & Whitney LLP on

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

Guest Post - The Connecticut Supreme Court Modifies The State’s Consumer Expectation Test By Adopting The Modified Test

by Reed Smith on

Today’s guest post is by Adam M. Masin, a partner at Shipman & Goodwin LLP. It’s about the most significant general Connecticut product liability decision in almost 20 years. It’s not a drug/device case, though. Instead it...more

Florida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims

by Wilson Elser on

The Florida Supreme Court recently issued a significant decision that will affect all strict product liability/design defect cases litigated in Florida. In Aubin v. Union Carbide, decided October 29, 2015, the Court rejected...more

Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

by Akerman LLP on

In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which...more

Products Liability – Raw Material Supplier – Consumer Expectations Test

by Low, Ball & Lynch on

David Johnson, et al. v. United States Steel Corporation - Court of Appeal, First District (September 1, 2015) - In a products liability case, a plaintiff may seek recovery on theories of both negligence and...more

Bad News from Europe for Makers of Life-Saving Medical Devices

by Reed Smith on

In over eight years, we’ve never before blogged about a European development in prescription medical product liability. The (relatively) recent decision by the Court of Justice of the European Union (“CJEU”) in Boston...more

Weekly Law Resume: Torts – Product Liability – Consumer Expectation Test

by Low, Ball & Lynch on

Jaklin Mikhal Romine v. Johnson Controls, Inc. et al. Court Of Appeal, Second District (March 17, 2014) - Product liability cases can involve complex mechanisms of injury, and multiple design and manufacturing...more

Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test

by Dechert LLP on

Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed students was how to define "defect." The panoply of tests for defective or...more

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