News & Analysis as of

Design Defects Manufacturers

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

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

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

Equipment Manufacturers: Beware of the Rental Yard Customer When Safety Features Are Optional

by Wilson Elser on

Fasolas v. Bobcat of New York Appellate Division (April 1, 2017) - A typical argument made by the plaintiffs and their experts in a design defect/ product liability case is that “Safety should never be an option.” Over...more

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

by Sands Anderson PC on

In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

by Sands Anderson PC on

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel. According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds...more

Potential Liability for Design Defect in Use of Button Cell Batteries

by Miles & Stockbridge P.C. on

A recent Report and Recommendation by a Magistrate Judge in the United States District Court for the Western District of Pennsylvania may serve as a warning to companies that manufacture and supply products containing button...more

Product Liability Update: January 2017

by Foley Hoag LLP on

Massachusetts Appeals Court Holds Birth Control Patch Manufacturer Had Duty to Warn Patient Directly But Packet Insert Adequately Warned of Greater Risk of Blood Clots As Compared to Birth Control Pill; Design Defect Claim...more

Major Win for Products Manufacturers on Safer, Alternative Design Requirement

In a unanimous decision released last week, the Alabama Supreme Court delivered a significant victory for manufacturers defending products liability claims in Hosford v. BRK Brands, Inc. As in most jurisdictions, a plaintiff...more

Something Went Right In Brazil

by Reed Smith on

Zika virus, Olympic unpreparedness, economic collapse, presidential impeachment - a lot of things have gone wrong in Brazil lately. But we’re not here to talk about any of that. Here’s something that went right: Brazil v....more

Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

by Cozen O'Connor on

On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal...more

Innovator Drug/510k Medical Device Impossibility Preemption and the Meaning of “A Fortiori”

by Reed Smith on

According to Black’s Law Dictionary, “a fortiori” is legal Latin meaning: - By even greater force of logic; even more so it follows. We’ve been arguing for some time – since PLIVA v. Mensing, 131 S. Ct. 2567...more

Silence Would Have Been Golden: Unnecessary Illogical Preemption Decision in Motrin SJS/TENS Summary Judgment Victory

by Reed Smith on

We sat through The Revenant again this weekend, at the plaintive (not plaintiff) request of a Drug and Device Law Friend who had yet to see it. Last time, we barely stayed awake. This time, we lost the battle. We have heard...more

Preemption prevails in watercraft case under Federal Boat Safety Act

by Thompson Coburn LLP on

For vehicle manufacturers that find themselves in state court facing product liability claims over safety mechanisms, federal preemption is frequently examined as an affirmative defense. Watercraft manufacturers, in...more

Seventh Circuit Knocks Out Claims Against Generic Manufacturer on Preemption Grounds

by Reed Smith on

It is not often that we get the opportunity to discuss an opinion from a panel of judges including two former professors from our law school. Diane Wood is the Chief Judge of the 7th Circuit and taught us Civil Procedure at...more

Mississippi Gives Teeth to the Safer Alternative Requirement

by Reed Smith on

Maybe you’ve noticed that many of our recent posts have reported good decisions out of Mississippi. It’s as if there has been an outburst of judicial common sense in that fair state. But it has not really been such a sudden...more

Florida Supreme Court Protecting the Rights of Citizens

In another victory for the injured victims of our State, yesterday the Florida Supreme Court issued an opinion in a products liability case, Aubin v. Union Carbide, which reversed an appellate court’s adoption of more...more

Court Resists Plaintiff’s Attempt to Bring Design Defect Claim Against the Innovator of a Product Who Did Not Manufacture It

by Miles & Stockbridge P.C. on

Resistance bands used for home exercise purposes have recently become the frequent subject of product liability suits. Perhaps most notably, a lawsuit resulting from an eye injury suffered by Senate Minority Leader Harry...more

Class Certification Victory in Building Products Case

by Pierce Atwood LLP on

In a case that should be of interest to manufacturers and distributors, and especially to suppliers of building products, lawyers from our class action defense team recently defeated class certification in a building products...more

A Dangerous Product Does Not Necessarily Have A Design Defect

When the Town of Lexington detected PCBs in building caulk and then in indoor air in an elementary school built in 1960-61, it sued Pharmacia, alleging that Pharmacia sold a product – PCBs – with a design defect. In alleging...more

Are hospitals or medical scope companies to blame for Superbug breakouts?

by Howard Ankin on

The price of liability can be extremely high. A medical malpractice lawyer in Lake County understands that when doctors, staff or manufacturers make medical mistakes, they are not likely to readily admit their errors. ...more

Some Ideas About 3D Printing

by Reed Smith on

The other day we read a thoughtful Bloomberg piece on 3D printing in the medical device context by a trio of Alston & Bird litigators. We’ve given you the link, but it might be behind a paywall. The article indicates...more

Liability for Pharmaceutical Manufacturers Expands for the First Time to Include Design Defect Claims

by Nelson Brown & Co. on

Product liability law in Pennsylvania has been fundamentally altered as it relates to the manufacturing and selling of prescription drugs. Manufacturers are now subject to design defect claims following a recent state Supreme...more

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

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