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Design Defects Strict Product Liability

Foley Hoag LLP

Product Liability Update - July 2024

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

McGuireWoods LLP

Decisions in Pelvic Mesh Suit Clarify West Virginia Products Liability Law

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In Shears v. Ethicon, Inc., the U.S. Court of Appeals for the Fourth Circuit vacated a judgment entered in favor of Ethicon and its parent company Johnson & Johnson following a jury trial in a pelvic mesh products liability...more

Husch Blackwell LLP

The Specter of Nuclear Verdicts and Middle-Market Companies

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The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more

White and Williams LLP

Whirlpool Agrees to Pay $11.5 Million Civil Penalty

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The Consumer Product Safety Commission (CPSC) recently announced that Whirlpool Corporation agreed to pay an $11,500,000 civil penalty associated with the CPSC’s charges that Whirlpool knowingly failed to immediately report...more

Faegre Drinker Biddle & Reath LLP

Indiana Court of Appeals Holds Product Misuse Unforeseeable in Light of Product Warnings, Reverses Denial of Summary Judgment

Key Takeaway: In Superior Oil Company, Inc. v. Labno-Fritchley, 207 N.E.3d 456 (Ind. Ct. App. 2023), the Indiana Court of Appeals reversed a trial court’s denial of summary judgment in a product liability case. The court...more

White and Williams LLP

Montana Significantly Revises Its Product Liability Laws

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On May 4, 2023, Montana changed its product liability laws when the Governor signed SB 216, which was effective upon passage and applies to claims that accrue on or after May 4, 2023. Among the changes is the adoption of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Theories of Product Liability Develop in the Age of Artificial Intelligence and Increased Automation

In recent years, products liability law has been significantly impacted by advancements in technology, particularly with the rise of artificial intelligence (AI) and automation. As more companies adopt these technologies to...more

Foley & Lardner LLP

The Wisconsin Supreme Court Keeps Wisconsin Weird and Applies the Common Law in Its First Look at Wisconsin’s Product Liability...

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Murphy v. Columbus McKinnon Corp., 2022 WI 109 (Dec. 28, 2022), gave the Wisconsin Supreme Court its first opportunity to interpret Wis. Stat. § 895.047, part of the Wisconsin Legislature’s 2011 product liability statute....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What Is Arkansas' Law on Comment K to Section 402A of the Restatement (Second) Of Torts?

What is Arkansas’ law on Comment K to Section 402A of the Restatement (Second) of Torts? Arkansas follows comment k to Section 402A of the Restatement (Second) of Torts with regard to unavoidably unsafe products. This is an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What Is the Definition of "Defective Condition" Under Arkansas Law?

What is the definition of “defective condition” under Arkansas law? “Defective condition” is defined by statute to mean “a condition of a product that renders it unsafe for reasonably foreseeable use and consumption.” Ark....more

Faegre Drinker Biddle & Reath LLP

Software Liability: Why a Michigan Federal Court Decision is Relevant to Product Manufacturers Nationwide

Numerous products in our day-to-day lives incorporate or consist of software. The legal system, however, has been hesitant (at best) to bring software within traditional product liability regimes. Courts have grappled with...more

White and Williams LLP

Are Industry Standards Beside the Point Where Strict Liability is Claimed?

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It has been almost seven years since Tincher v. Omega Flex Inc. was decided by the Pennsylvania Supreme Court. The Tincher court left much unanswered but called on Pennsylvania’s lower courts, the legal academy and the bar to...more

Haight Brown & Bonesteel LLP

Design Defect’s “Consumer Expectations” Test; When Is It Unavailable?

In Verrazono v. Gehl Company, et al., 50 Cal.App 5th 636, Plaintiff Gary Verrazono (“Plaintiff”) sued Defendant Gehl Company (“Defendant”) for negligence and strict product liability based on design defects of Defendant’s...more

Harris Beach PLLC

The Case of the Exploding Can of PAM: Plaintiffs’ Product Liability Claims Don’t Stick

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New York Federal Court granted Defendants’ Daubert motion to exclude design defect expert testimony on a design defect claim for PAM Cooking Spray and dismissed all product liability claims on summary judgment, including...more

Faegre Drinker Biddle & Reath LLP

Does Pennsylvania Recognize Strict Liability Claims Against Medical Device Manufacturers? A Pennsylvania federal court calls the...

For at least two decades, Pennsylvania law has recognized an exemption from strict liability for prescription drug manufacturers based on the state Supreme Court’s interpretation of the Restatement (Second) of Torts Sec. 402A...more

Harris Beach PLLC

Manufacturers Can Apply "Optional Safety Device" Exception to Design Defect Claims in Rental Market

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New York state's High Court has expanded the optional safety device exception to strict products liability to apply to equipment rental. ...more

Butler Snow LLP

Pro Te: Solutio – Vol. 11, No. 4

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Fall has descended upon us, along with that nip in the air and the aroma of pumpkin spice. All of these herald our latest edition of Pro Te: Solutio, which contains three fascinating articles on topics of current interest in...more

Mintz - Health Care Viewpoints

Strategies to Unlock AI’s Potential in Health Care, Part 5: Product Liability Prevention for AI Product Designers—and Their...

As our use of AI technology becomes more frequent, interconnected, and integral to daily life, the liability exposure to AI product designers and manufacturers continues to escalate. There are more potential liability risks,...more

White and Williams LLP

California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product...

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In Kim v. Toyota Motor Corp., 6 Cal.5th 21 (Cal. 2018), the Supreme Court of California considered whether the trial court properly allowed the defendant to introduce evidence of industry custom and practice in defense of a...more

Butler Snow LLP

Changing Trend: Risk-Utility May No Longer Be The Favored Test for Design Defect Claims

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In the world of products liability, design defect claims arise when the product is inherently dangerous in its design. The test for whether a product is inherently dangerous has evolved in modern years from the “consumer...more

Snell & Wilmer

Snell & Wilmer Defends Yamaha Rhino in Nevada Trial

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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

Nutter McClennen & Fish LLP

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

Farella Braun + Martel LLP

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

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