News & Analysis as of

Design Defects

Searcy Denney Scarola Barnhart & Shipley

Tabletop Fire Pit Burn Injuries and Deaths

Across the country, devastating injuries have been caused by small, alcohol-fueled tabletop fire pits that unexpectedly erupt in flames. Marketed as decorative and “smokeless,” these products have been linked to severe burn...more

Nutter McClennen & Fish LLP

Product Liability 2025 Year in Review

Massachusetts courts issued several important product liability decisions in 2025. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Morrison & Foerster LLP - Social Media

Teenage Kicks – The Socially Aware Year in Review

If there’s one thing that became crystal clear in 2025, it’s that the internet, despite being more than thirty years old, still acts like a teenager much of the time. Not a charming one, not a misunderstood prodigy. A...more

Searcy Denney Scarola Barnhart & Shipley

Injured By a Dangerous Product? You Might Not Be Alone

Product-related injuries are alarmingly common. Often, these injuries result from defects that affect large numbers of products—in some cases, hundreds of thousands or millions of products sold across the country. ...more

Faegre Drinker Biddle & Reath LLP

NY Federal Court Ruling Strengthens FDA Preemption for Class III Device Manufacturers

A recent preemption decision out of the Southern District of New York offers encouraging news for medical device manufacturers. In Wieder v. Advanced Bionics LLC, 2025 WL 3237257 (S.D.N.Y. Nov. 20, 2025), the magistrate judge...more

Husch Blackwell LLP

Illegality Defense Bars Recovery in Kansas Inhalant-Abuse Case

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Each year, thousands of individuals are severely injured or die from intentional inhalation of everyday products like computer duster to achieve a euphoric high. When these injuries or deaths lead to lawsuits against...more

Goldberg Segalla

Massachusetts Federal District Court Grants Defendant Summary Judgment in Asbestos Case

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Court: United States District Court for the District of Massachusetts - Plaintiff Bruce K. Wright and per quod plaintiff Louise K. Wright allege Mr. Wright had asbestos exposure from working as a mechanic at multiple shops...more

Faegre Drinker Biddle & Reath LLP

Close, But Not Quite: Eastern District of North Carolina Excludes Experts Whose General Expertise Does Not Enable Specific...

Even “[a] supremely qualified expert cannot waltz into the courtroom and render opinions” unless those opinions pass muster under Federal Rule of Evidence 702. Clark v. Takata Corp., 192 F.3d 750, 759 n.5 (7th Cir. 1999). As...more

Husch Blackwell LLP

Emerging Legal Challenges: Artificial Intelligence and Product Liability

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The bar is rising for the developers of generative artificial intelligence (AI) platforms and other companies that utilize generative AI in public-facing applications. As AI becomes more integrated into everyday products and...more

Faegre Drinker Biddle & Reath LLP

Nothing Shocking Here – Eleventh Circuit Affirms Defense Win in Electroconvulsive Therapy Case

When a case involves electroconvulsive therapy (ECT), one might think it originated out of the Twilight Zone. Despite the misrepresentation of such therapies in popular media, modern ECT serves as a valuable option for...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 2, Issue 9, 2025

Welcome to our ninth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the No Surprises Act and its impacts; a bipartisan effort in Congress to help with price...more

Seyfarth Shaw LLP

Adapting Standard Construction Forms for Use in Overseas Hospitality Renovations

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One of the earliest issues to decide on a hospitality renovation abroad – whether it’s a branded resort in Europe, a hotel in Asia, or a mixed-use property in Latin America – is the selection of the appropriate project...more

Mandelbaum Barrett PC

How Can Defective Product Liability Apply to Automotive Parts in New Jersey?

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When your car’s brakes fail on a busy New Jersey highway or your airbag doesn’t deploy during a collision, a defective automotive part may have caused your injuries rather than driver error. In these cases, defective product...more

Rumberger | Kirk

Proportionality in Practice: How Florida’s New Discovery Standard Reframes Product Liability Litigation

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In 2024, the Florida Supreme Court changed the Florida Rules of Civil Procedure, aligning them with federal standards in many areas. One of those areas was the scope of discovery. What was once an expansive often burdensome...more

Faegre Drinker Biddle & Reath LLP

Defining the Limits of Lay Testimony in Complicated Products Cases

“So when is a question too complicated for the jury?” That is the question the Third Circuit sought to answer recently in Slatowski v. Sig Sauer, Inc., ___ F. 4th ___, 2025 WL 2178533 (3d Cir. 2025), reversing a district...more

Searcy Denney Scarola Barnhart & Shipley

Defective Medical Devices and Their Impact on Patient Safety

Defective medical devices present serious risks for patients. Just how big—and how severe—is the problem? Consider this from the U.S. Food and Drug Administration (FDA): “Each year, the FDA receives over two million medical...more

Goldberg Segalla

California Jury Returns Asbestos Verdict For Auto Parts Companies

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Court: Calif. Super., Los Angeles Co. - Plaintiff, Ronald Carpenter, filed suit against various defendants, claiming his lung cancer was caused by exposure to asbestos from their products. Carpenter alleged various exposures,...more

Marshall Dennehey

NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law

Marshall Dennehey on

Berkoski v. Honda Motor Company, et al., (App. Div. 2025) - The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 7, July 2025

Welcome to our seventh issue of The Site Report for 2025! In this edition, we address direct v. consequential damages in Florida, how the OBBB will fuel construction projects, China's construction of the world's largest...more

Spilman Thomas & Battle, PLLC

Building Design Disputes – New Analysis of Direct v. Consequential Damages in Florida

Are design professionals involved in your Florida project? If so, then you need to be aware of this newly decided case. The U.S. District Court for the Middle District of Florida, in Orlando, issued an Order on July 11,...more

Husch Blackwell LLP

Massachusetts Talc Trial Results in $8M Plaintiff Verdict

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In June 2025, a Suffolk County, Massachusetts jury delivered an $8 million verdict in Janice Paluzzi v. Johnson & Johnson (21-2109). The jury allocated $5 million for past pain and suffering and $3 million for future pain and...more

Bennett Jones LLP

Court of Appeal Certifies Negligence Claim Against Gun Manufacturer for Mass Shooting

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The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge’s decision...more

Goldberg Segalla

Massachusetts Jury Awards $8 Million Plaintiff Verdict in Talc Trial against J&J

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Court: Massachusetts Superior Court, Middlesex County - A Massachusetts jury awarded plaintiff Janice Paluzzi $8 million in damages against defendant Johnson & Johnson and Johnson & Johnson Consumer Inc. (collectively, J&J)....more

Stark & Stark

Tesla Faces Legal Battles Over Vehicle Fires and Autopilot-Related Fatalities

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Tesla Inc., a leading innovator in electric vehicles, is under increasing legal scrutiny as two major product liability cases bring safety concerns about its cars into sharp focus. These lawsuits highlight alleged design...more

Benesch

The Intersection of Social Media, AI, and Product Liability

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State governments, public school districts, and individuals are suing social media companies, such as TikTok and Snapchat, alleging that defects in their algorithms and platform features cause psychological and physical harm,...more

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