News & Analysis as of

Design Defects

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May...

by Pepper Hamilton LLP on

Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) - Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on...more

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

by Harris Beach PLLC on

Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

RKC Attorneys Win Defense Verdict For Louisville Ladder

by Rumberger Kirk & Caldwell on

Jury returns defense verdict in 18 minutes! Scott M. Sarason and Jens C. Ruiz of Rumberger, Kirk & Caldwell won a defense verdict on behalf of Louisville Ladder, Inc. on April 24, 2018, in a product liability case in the...more

Circumstantial Evidence Ruled Not Enough in Case Against Medical Device Manufacturer

by Harris Beach PLLC on

Frederick (Rick) Fern and the New York City Harris Beach Life Science Practice Group were successful in securing a summary judgment for medical device manufacturers Curlin Medical Inc., Moog Inc., and distributor B. Braun...more

Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity...

In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include...more

Learned Intermediary Doctrine Bar’s Plaintiff’s Discovery of Direct-to-Consumer Advertising in Ambien Case in District of Nevada

by Reed Smith on

We are back in the trenches today after spending a wonderful day in New York with our lifelong best friend, in yet another of the blissfully endless celebrations of the milestone birthday we marked in December. We saw “The...more

Fiat Chrysler Car Hacking Case Put In Neutral

by Ballard Spahr LLP on

Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Appellate Group News: 2017 Year In Review

by Murtha Cullina on

2017 was a significant year for Murtha Cullina’s appellate practice group. The firm was recognized by the Connecticut Law Tribune as its "Appellate Litigation Department of the Year." 2017 also marked two anniversary dates of...more

Snell & Wilmer Defends Yamaha Rhino in Nevada Trial

by Snell & Wilmer on

Snell & Wilmer attorneys Dan Rodman and Morgan Petrelli recently represented Yamaha Motor Corporation, U.S.A. in the trial of a 2006 Yamaha Rhino rollover lawsuit in the Eighth Judicial District Court of Nevada (Case No....more

Certification to Utah Supremes on Whether Comment K Applies to Medical Devices – Part 2

by Reed Smith on

Last weekend we returned to Utah, one of the most beautiful states in the USA. Over the years we had taken in the polite delights of Salt Lake City, the powderpuff snow of Park City, and the cinematic enthusiasms of the...more

It Should Be Obvious – An Azzarello Jury Charge Is Reversible Error In Pennsylvania After Tincher

by Reed Smith on

If you’re not interested in Pennsylvania product liability law at the moment, come back tomorrow. This particular post is not limited to (or even primarily about) prescription medical products....more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

The Importance of Signatures: General Motors’ Unsigned But Fully Negotiated Deal Not Enforceable

by Hogan Lovells on

U.S. Bankruptcy Judge Martin Glenn recently decided that a fully-negotiated agreement would not be enforced in the absence of required signatures. The agreement contemplated a settlement between the General Motors bankruptcy...more

Federal Court Certifies Question to Utah Supreme Court of Whether Comment K Applies to Medical Devices

by Reed Smith on

Strict liability is not the same as absolute liability. We learned that truth in law school, but too many plaintiff lawyers and judges seem to have unlearned it along the way. The key separator between strict liability and...more

Ninth Circuit Holds That Loss Causation Can Be Established Without Demonstrating That The Alleged Fraud Was Revealed To The Market...

by Shearman & Sterling LLP on

On January 31, 2018, the United States Court of Appeals for the Ninth Circuit affirmed in a per curiam decision a district court decision denying in part defendants’ motion for summary judgment on claims brought under...more

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

Product liability, safety, and compliance: What you should know before launching an innovative product

by Hogan Lovells on

Before any new product is released into the market, companies should assess its product liability, safety, and compliance. But the launch of an innovative product presents a unique set of challenges: typically, they involve...more

Top Automobile Recalls in 2017 Due To Personal Injuries

by The Brown Firm on

As we wrap up 2017 and push forward into the New Year, it is important to look back at some of the most important events that took place in 2017.  From our perspective, auto accident recalls were a big deal in 2017!...more

3D Printed Medical Implants: Should Laws and Regulations Be Revolutionized to Address This Revolutionary Customized Technology?

by Wilson Elser on

Previously on this blog, Wilson Elser attorneys have written several posts about 3D printing technology and the law. We have predicted that this new technology has the potential to change the landscape of product liability...more

EDNY Rejects Successor Liability in Hip Implant Case

by Reed Smith on

Happy birthday, Christopher Plummer. The great Canadian actor turns 88 today, and seems as vibrant as ever. What a marvelous career Plummer has had. He is a preeminent Shakespearean actor. We saw him play Iago to James...more

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the...more

Still No “Newly Acquired Information,” Eliquis Claims Still Preempted

by Reed Smith on

The defendants in the Eliquis MDL have turned somewhat of a preemption hat trick. The latest order is In re Eliquis (Apixaban) Prods. Liab. Litig., No 17-md-2754 (S.D.N.Y. Nov. 29, 2017), where the district court dismissed...more

Unavoidably Unsafe PMA Medical Devices

by Reed Smith on

When it comes to design defect claims and FDA pre-market approved (“PMA”) medical devices, “preemption” is our reflexive reaction. That’s entirely reasonable, given the many decisions that preempt state-law design-related...more

Third Circuit Eyes Up Consumers’ Standing, Splits With Seventh Circuit

by Foley & Lardner LLP on

Last month, the Third Circuit issued a 2-1 decision in Cottrell v. Alcon Labs., reversing a district court’s dismissal of a class action lawsuit on standing grounds. The putative class in Cottrell is comprised of consumers of...more

Non-News: Warnings Claims For A Generic Drug Preempted (Still)

by Reed Smith on

We can be inundated with news. Old news. New news. Fake news. Breaking news. News that makes you want to break something. News that makes you want to go back to bed. In trying to be discerning consumers of the news, it...more

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